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Missing neighbour - shared wall problems

Don't know if anyone has any good ideas, we have a high brick wall running along the side of our garden and then turning a corner and being the back wall joined up to the end of a terrace. Our wall is collapsing and needs rebuilding urgently - it is not going to survive any bad weather and at 8 ft+ would kill someone if it landed on them. We have only been in the house 3 years and inherited a bodge job of a new wall built onto an existing shorter wall without proper footings and with some seriously big gaps between some bricks!

We have left letters with the neighbour in the adjoining terrace but have been told he lives away and rarely comes back. We have to take down part of 'his wall' when doing our part or it will fall down as there will be nothing supporting it. We are paying for all the repairs and are not wanting him to pay but are now stuck as we have been unable to contact him. I have tried land registry and a couple of websites who give different names (not very helpful) and no contact details at all, and the council keep stating they cannot help because of the data protection act.

Am now a bit at wits end as I have the finances (thanks m-i-l) and the builder ready to start but really want to do this properly as I can't afford a court battle if the neighbour suddenly turns up and isn't happy - in the meantime the wall is looking more and more dodgy and I am genuinely worried it will fall down.

Any ideas?
Mortgage £119,533 going down slowly
Emergency fund £1000/£1000
Savings for big things £9017

Comments

  • muskoka
    muskoka Posts: 1,124 Forumite
    Only thing I can think of is contacting Council tax department & explaining & ask if they will forward a letter to the owner of the house if you send the Council explaining the situation. Or, alternatively (are you using bulding control?), phone them & explain you feel wall is dangerous & could they maybe inspect & perhaps write to you advising wall is dangerous in their opinion. I'm thinking the absent owner would maybe not mind if he had something official in writing that wall is dangerous & your paying the costs. I've no idea if the above is right or wrong, I'm only saying what I would try.
  • ROY47
    ROY47 Posts: 572 Forumite
    Part of the Furniture 500 Posts Combo Breaker Car Insurance Carver!
    Take plenty of photos of the problems with his bit of the wall etc etc

    If he appears and creates ,give him /her a bill for work you have done to rectify his problem

    I had similar problem years ago with neighbour behind me when having a new wall built

    he surprisingly re appeared after the work was completed , tried to hit me with a £2500 bill for trespass etc.

    Cost me £25 in total for a solicitors letter to his with photos to show his tree had taken out my wall ! and I would not be claiming any costs off him

    never heared anymore
  • MaggieBaking
    MaggieBaking Posts: 964 Forumite
    edited 15 August 2011 at 8:56PM
    If finances are not too much of a struggle could you get a surveyor of some kind round to do a survey of the wall - that way you have absolute proof of the damage it has and that it can easily cause. I'm sorry, I'm not sure of what price that might cost though.

    A Google search for the property and postcode might bring up a business. Land registry search you've tried. Perhaps the local doctors see if he's registered there and if there is a next of kin - take a note round instead of ringing asking if they could possibly pass on the information as it is a danger to pedestrians. Same with the local Post Office who might have to forward mail. Again, I think the best you can do is take a note round explaining it asking them to pass it on so they don't misunderstand you in person. You may as well do the same with the council even though they have said you might strike it lucky.

    Put a note in his letterbox, post mail through the Postal Service see if it is forwarded. Ask as many neighbours as you can find.

    If you can't afford a surveyor, take lots of photos, and then take down the wall. Leave the search to get hold of him for a few weeks and then if no contact go ahead with building it up again.

    You could also try a consultation at the Solicitors to cover your back and see if they have any better bright ideas.
  • Jaynne
    Jaynne Posts: 552 Forumite
    Try phoning the council, if something is dangerous then I think you can get a compulsory fixing order (probably not the exact name). I'm not sure if there are such things in England but in Scotland for example you'd get one where a roof on flats with no factoring needed urgent repairs and you were having trouble with contacting all the owners or reaching agreement.

    As others have said take lots and lots of photos.
  • Dorastar
    Dorastar Posts: 2,175 Forumite
    Part of the Furniture 1,000 Posts
    Thanks for all the ideas - am going to get back on to the council today and be a bit firmer as well as taking loads of photos, I also know where the bloke who sold us the house lives so am going to drop a note through his door. We have some friendly CSOs who might be able to give me advice as well but have to catch them as they only log in at local police station once or twice a day.

    Builder has said he could manage to do the wall a 'different way' without interfering too much with neighbours wall if he had to but would be more costly and finished job not look as neat on their side iyswim - which might then cause more issues....the search for the missing man continues.....will update if we find him!
    Mortgage £119,533 going down slowly
    Emergency fund £1000/£1000
    Savings for big things £9017
  • Dorastar
    Dorastar Posts: 2,175 Forumite
    Part of the Furniture 1,000 Posts
    Result - got a phone call yesterday from letting agent who is trying to let the house, she had been contacted by our friendly CSO who had used a clever policey type computer to find out details of the house - I had rung police station and she had been out to see the problem. They have rung the owner and he says go ahead and do whatever needs doing.
    Mortgage £119,533 going down slowly
    Emergency fund £1000/£1000
    Savings for big things £9017
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Dorastar wrote: »
    Result - got a phone call yesterday from letting agent who is trying to let the house, she had been contacted by our friendly CSO who had used a clever policey type computer to find out details of the house - I had rung police station and she had been out to see the problem. They have rung the owner and he says go ahead and do whatever needs doing.

    I would get that in writing from him to avoid any future problems.
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