There have been a number of cases in recent years where highways departments have resurfaced roads and pavements and caused problems by increasing ground levels. In fact I am involved in one case like this at present.

The general rule is that if anyone does anything beside your property that then has a detrimental impact and causes damage to or in your property then the neighbouring owner should be asked and can eventually be made to deal with the problem and remove the cause of the damage. Of course this is a legal matter that you would need to speak to solicitors about.

When the problem relates to Highways there can be problems in that Highways Departments are generally unsympathetic.

You will need to establish that the Highways Department have indeed raised the ground level and caused problems. You will need a report from a building surveyor or someone who can state from a professional point of view what the problems are and what needs to be done to rectify the problems. You can then take this to the Highways Department and ask them to sort it out. If they refuse you can seek advice from a solicitor about legal action.

You may be able to gain support from the Conservation Officer if the building is listed because of course the work that the Highways Department have carried out is causing damage to a listed building. Arguably the fact that they have raised the ground level against the listed building is something for which listed building consent should have been obtained and it may be that the Conservation Officer could take this approach with the Highways Authority and bring some pressure to bear on them to sort out the problems.

The cases that I am aware of have never actually been through the complete process of a court hearing for a judge to make a decision that could be quoted. In the instances I am aware of the matters have always been settled out of court. However, those I am aware of have always been settled in favour of the home owner against the Highway Authority. I think the one you refer to is a case in Cambridgeshire from approximately 2 years ago. In that instance the case was settled out of court but the sum paid by the Highways Authority equated to the amount the home owners were seeking through the court anyway.