Leaning brick wall to be replaced by fence posts

Janey_1

Hello,
I am at loss with this issue.
Five year ago I purchased a new built property with two brick walls as my garden boundaries. 3 years ago I noticed that the back wall was detaching itself and leaning out. There is now a large gap between both walls in the corner. The developer admitted that the wall is leaning due to clay heave and is now offering to take the wall down and replacing it with a fence on concert post and gravel boards.
I refused this cheap alternative as when I purchased the property I was told I would have two brick walls, I lived in my property for over 5 years now and they want to replace the wall by a fence, which I will have to maintain on my side. On the other side of the wall there is a footpath giving rear access to a set of terraced houses. Apparently the owners of the wall are a local housing association who refuse to negotiate.
What are my rights? I want to insist on them rebuilding the wall, replacing like for like. Builders on the estate have said that the wall was badly built in the first place, the foundations are not deep enough which is why the wall started leaning after just 2-3 years of being built.
Do I have the right to request that they rebuild the wall correctly? I confirm that it's not mine as it was built before my property was completed. I really do not want the wall to be taken down as I believe they have failed to do some proper investigation about the quality of the soil before building it.
Any advice would be appreciated.
Thank you.

NYM

I confirm that it's not mine as it was built before my property was completed.

If it's not yours, why do you believe you have any right to insist it's replacement can't be a fence?

AnotherJoe

Tricky. When you say you were "told" who by and what guarantee was offered?
If its not your wall then its hard to see how you can enforce any rebuilding as brick. Possibly they might not even have to put anything there?

Janey_1

Because when I was sold the property I was told the boundaries would include two brick walls. I didn't at the time expected one of these wall to become a fence within 5 years.

Janey_1

Hi AnotherJoe,
The property developer who sold the house showed me the estate plan and there is a clear difference on the plans between a brick wall and a fence.

NYM

The plan would have shown walls because that's what was there but they and you would have no control over what the 'owner' of the walls would chose to do with them.

lewishardwick

IF they build another brick wall, what's to stop that moving in another 5 years?

A fence, if built correctly, should be pretty sturdy. I'd suggest you push for post and arris rail fence, not slot in panels.

maisie_cat

If the wall is not yours you may find that the only requirement of the "owner" is to mark the boundary, possibly with a piece of string. You would then need to build something inside the boundary of your property if you want privacy & security. Frankly I would take their offer, the only things that you can be sure will not change over time are those things over which you have control

dc197

Janey_1 wrote: »

Because when I was sold the property I was told the boundaries would include two brick walls. I didn't at the time expected one of these wall to become a fence within 5 years.

And what you were told was correct at the time, but things change. If you decided to knock down your side wall and lay a hedge or whatever, do you think your neighbour would be right to complain saying, "but 5 years ago there was a wall, there should always be a wall there"?

I think your developer offering to take down a wall that is not yours and give you a fence is very generous. You should really be taking it up with the owner of the wall.

AnotherJoe

Janey_1 wrote: »

Hi AnotherJoe,
The property developer who sold the house showed me the estate plan and there is a clear difference on the plans between a brick wall and a fence.

My point is what guarantee was there that that would always be a wall? Is this included in the contract of your house? Its unclear from what you posted but it seems there is no obligation for anyone to build that as it was, or possibly even at all? You'd have to know what the contract for the estate is and what that obliges them to do. A previous house I owned had a similar situation, at the back of the house a mixture of brickwalls interspersed with fence panels.The brick is crumbling and the panels rotting and broken. I suspect the council owned them but I'm unsure. I wouldnt have fancied my chances getting it rebuilt. Luckily not my problem anymore.

Janey_1

Thanks for all your replies, it seems that I overestimated my position as the property owner, and thought because the wall was badly built they owe me. There is nothing in my contract about the boundaries or brick walls, just the estate plans showing walls on the development, which are still valid.
I guess the developer has free reign to make any alterations to the original plans, I am just surprised that 5 years later they can still do that.
Admittedly they are offering a solution however it's just not the one I want.
Lewishadwick, can you explain the difference between both?