Legal question

pineapple

Sorry, didn't know where to put this.
I live in a small hamlet in the middle of a row of cottages. There is a little access road running parallel to the row. Beyond that is a retaining wall of which about 3 foot is visible. - with a further 3- 4 foot dropping down to the field - which sloped down and away.
The wall is going, the land is sinking. Some of the footings have gone and the whole thing is about to go. Our deeds say we are responsible and all of us have agreed to share the cost. A builder has been found but he will need to work from the field side. Unfortunately our Deeds don't actually refer to right of access for maintenance.
The problem is an ongoing dispute with the farmer who owns the field and the surrounding land. He wants the hamlet residents to pay for re-surfacing the lane to the main road and is withholding access till people pay up.
Any solicitors out there? Help!

daveyjp

A landowner can't prevent access to their property if a neighbour needs to carry out a repair:

http://www.opsi.gov.uk/acts/acts1992/ukpga_19920023_en_1

But you are liable for any compensation payments to the neighbour for damage to thier property or loss of benefit of the land while the works are being undertaken. Resurfacing a lane may not be deemed reasonable.

You may need to have a whip round to get a few more quid for legal advice.

iamcornholio

The Access to Neighbouring Land Act 1992 can be used to get access to adjacent land for maintenance work such as this type of rebuilding work (but not new building work such as extensions etc)

The problem with this work and using the Act, is that normally walls can be rebuilt by working from either side. It's easier for a builder to work from both sides, rather than just one, so clarify with the builder if he really needs to work from the field side, or merely wants to for convenience.

The farmer would have a valid argument to defeat an application via this Act, if access is not essential.

Something else to look at instead, is the Party Wall etc Act. If the wall can be deemed a 'party fence wall' then the Act will apply and access to do the work can be granted. There may be additional costs in this if the farmer stubbonly wants his own PW Surveyor, but this may be less than Solicitors costs instead

Otherwise, get a different builder who can work from the lane side only

Remember though, just because the deeds say that you are responsible for the wall, it does not impose a duty to maintain the wall. You can leave it, or just make it safe (ie remove it) What would the farmer say if the wall was removed for H&S reasons and then his land left wide open for dogs, litter etc?

Mojisola

It doesn't sound as if it's possible to work from the lane side only as the lower half of the wall is a retaining wall. As I understand it, a neighbour can't deny you access for essential work.

This - https://www.gardenlaw.co.uk - is a great free site for problems like this.

darich

Is the access road a public road or are the residents responsible for the maintenance and upkeep of that too?
Is the road gritted?
Are the gullies cleaned?
Are there any road markings?
Are there any clues that the road is public or do you know it to be private?

If the road is public then I'd be surprised that the residents are responsible for a structure retaining a public highway.
All structures retaining public roads are the responsibility of the local authority.

If you do need to get the wall repaired, it would be advisable to consider options rather than simply repair the existing wall. Gabion baskets? Imported material and form a slope to remove the need for the wall?
You don't say how long the wall is but to secure the founds and prevent further slippage, expect a five figure bill. Comfortably five figures, I think.