Help with neighbour/law/liability

gavvallance

Hello
This is my first post, so sorry if I have picked the wrong forum!

I live next to a prison, who have sent me a letter claiming that the back wall of my garden (and my neighbours x10) is in disrepair, causing a serious health and safety risk to their officers who patrol outside the prison fence, between the main fence and our garden wall.
It is clearly not bad at all, and of no risk to anyone, but they are saying contact us to say whether we are going to sort it out at our expense, or they can do it and invoice us the full cost.
We agree that the wall is our responsibility, but vehemently disagree it is dangerous.
Does anyone have any neighbour/liability/legal expertees?
What kind of qualification would someone need to start declaring someone else private property dangerous?
can anyone advise- I don't want to get stung by the goverment! :mad:
thanks
gav

Rick62

Did they send this on 1st April?

Is it a brick wall, is there any damage etc to it? I would start by writing saying that they are not to touch your wall, that the condition is fine (you could also point out that under your insurance you have public liability, although I would not say who the insurer is) and on what basis they are making this claim.

Why is it your responsibility and does their land come right up to your wall?

Debt_Free_Chick

I think you need to be careful here. If the wall did cause injury to a Prison Officer, then this letter could the Prison's "get out of liability" clause.

Do you have legal protection with your home/contents insurance? If so, it might be worth a call to them to see if they will help with this.

You might be best advised to get some kind of written report to confirm that the wall is in satisfactory condition.

gavvallance

Debt_Free_Chick wrote: »

I think you need to be careful here. If the wall did cause injury to a Prison Officer, then this letter could the Prison's "get out of liability" clause.

Do you have legal protection with your home/contents insurance? If so, it might be worth a call to them to see if they will help with this.

You might be best advised to get some kind of written report to confirm that the wall is in satisfactory condition.

yes I was thinking this too - but wasn't sure who would be the right people to contact regarding inspection. I know there are building regs/british standards for new stuff, but as to existing stuff - I'm not sure!.

gavvallance

Rick62 wrote: »

Did they send this on 1st April?

Is it a brick wall, is there any damage etc to it? I would start by writing saying that they are not to touch your wall, that the condition is fine (you could also point out that under your insurance you have public liability, although I would not say who the insurer is) and on what basis they are making this claim.

Why is it your responsibility and does their land come right up to your wall?

no april 4th!

Debt_Free_Chick

gavvallance wrote: »

yes I was thinking this too - but wasn't sure who would be the right people to contact regarding inspection. I know there are building regs/british standards for new stuff, but as to existing stuff - I'm not sure!.

Structural Engineer maybe? I'm not quite sure and a Structural Engineer may be a little OTT - but if you can have a chat with one, he/she may be able to point you in the right direction, if it's "not their thing".

This is a curious situation and I can't help but think that there is more to this than meets the eye :rolleyes:

Addiscomber

I cannot see any harm in asking them to explain exactly what they think is wrong with it, before you start to incur any expense such as inspections etc. Ideally they should be prepared to show you from their side, especially if they want to foster good neighbourly relations.

Were you aware that prison officers patrol there? Can you seen them, and if so how close do they get to the wall?

Whatever happens in the end, I expect them doing it and invoicing you would be the most expensive option.

irnbru_2

gavvallance wrote:

I live next to a prison, who have sent me a letter claiming that the back wall of my garden (and my neighbours x10) is in disrepair, causing a serious health and safety risk to their officers who patrol outside the prison fence, between the main fence and our garden wall.

Ask them for a copy of their inspection report.

gavvallance

Addiscomber wrote: »

I cannot see any harm in asking them to explain exactly what they think is wrong with it, before you start to incur any expense such as inspections etc. Ideally they should be prepared to show you from their side, especially if they want to foster good neighbourly relations.

Were you aware that prison officers patrol there? Can you seen them, and if so how close do they get to the wall?

Whatever happens in the end, I expect them doing it and invoicing you would be the most expensive option.

the gap between prison boundary and my boundary is footpath width. I haven't seen them, but I understand the need to check the perimeter. As far as I know, they own the footpath and are responsible for it. As an aside, when I went for a look to check what they meant, there was broken glass and dog muck down there, which I think is also a health and safety issue if they are being picky.

gavvallance

irnbru wrote: »

Ask them for a copy of their inspection report.

good idea - I will definitley do this. Thats the sort of help I need, I will being meeting the prison governer and maintenace dept tomorrow and I don't want them to run rings round me......I have to admit I will be a bit out of my comfort zone!:D

gavvallance

Rick62 wrote: »

Did they send this on 1st April?

Is it a brick wall, is there any damage etc to it? I would start by writing saying that they are not to touch your wall, that the condition is fine (you could also point out that under your insurance you have public liability, although I would not say who the insurer is) and on what basis they are making this claim.

Why is it your responsibility and does their land come right up to your wall?

the wall is 8 ft high concrete vertical posts with about 7 horizontal gravel boards at the end of peoples gardens, then footpath, then prison boundary. They save the gravel boards are loose. They aren't. You could probably make 1 or 2 over a few hundred feet move if you waggled them - but obviously that would be touching someones property! I'm going to get the deeds out the loft to try and confirm responsibilty.