Retaining wall - responsibility

AlecEiffel

Hi.

We're looking at a new build property that is to the side of a retaining wall that is in the border of some higher land. Who's responsibility is it to look after the retaining wall or is it in a case by case basis?

Thanks.

eddddy

It depends who built the wall (and for what purpose).

If the owner of your property (i.e. the developer) excavated the land, and built a retaining wall to stop the neighbour's land falling away - you have a continued duty to stop the neighbour's land falling away. (i.e. you have to maintain the retaining wall.)

Or...

If the neighbour built the wall because they wanted to raise the level of their land - they have to maintain the wall. They have a duty to prevent their earth etc falling onto your land. (i.e. the neighbour has to maintain the wall.)

AlecEiffel

Thanks for the reply! I'll query it. I assume this gets written up in the deeds?

moneyistooshorttomention

eddddy wrote: »

It depends who built the wall (and for what purpose).

If the owner of your property (i.e. the developer) excavated the land, and built a retaining wall to stop the neighbour's land falling away - you have a continued duty to stop the neighbour's land falling away. (i.e. you have to maintain the retaining wall.)

Or...

If the neighbour built the wall because they wanted to raise the level of their land - they have to maintain the wall. They have a duty to prevent their earth etc falling onto your land. (i.e. the neighbour has to maintain the wall.)

That's my understanding of the position too - ie basically who gets the benefit of the retaining wall in effect. So if your (lower) house gets the benefit (ie because it couldnt have been built without the ground being flattened to fit it in) = down to you.

If the higher house had to have the land built up to fit it in = down to them.

Personally - I wouldnt assume it was written down in the deeds. It may be/it may not be.