# Taking Municipality to court for negligence



## penpal (Oct 21, 2015)

I have a levada the other side of a path behind my house that is flooded each winter as it isn't deep enough. My floorboards have all rotted as has the stairs and my ground floor regularly has water flooding it all year round. The Pampilhosa Municipality has not done anything other than an external site visit. What are my chances of success with threatening to sue them, or if necessary taking them to court? Any knowledge you may have on this would be much appreciated, as its starting to rain again...


----------



## Eliora (Apr 20, 2020)

So sorry for your troubles. No idea except it would require a lawyer most likely.
Surely someone with experience in these things who lives in Portugal will write here to advise you soon.


----------



## proud.to.be.EUROPEAN (Feb 14, 2020)

Sounds like levada walls need to be raised or there is obstruction down the stream.
Its unlikely you'll be only one with this problem. Have you chased them up in person ? (I dont mean on street  ).
Try to find if there is local levada association.





Levadas, perhaps the best-known feature of the beautiful island of Madeira


Levadas: probably the best-known feature of lovely of Madeira. Built for irrigation, they offer a great way of exploring the island's beauty!




www.thuisopmadeira.nl





I would consider legal route as very last option, not as first option.


----------



## TonyJ1 (May 20, 2014)

You can try, but the chances of success, probably slim to none. I would suggest try written letter / etc - they may have some insurance for this type of issue, but if it gets to court, they will have more resources than you to fight this. Try to get them to fix the levada so that you don't have future issues.


----------

