Boundary Wall

GPShelp

We have a boundary wall that we have taken down due to it being unsafe. Do we have to rebuild it?
It was our wall on our land, but the owner of the neighbouring property is insisting that we rebuild it!

Alter_ego

No, unless there is something specific on your lease. If freehold also no.
Tell neighbour he is free to build one on his land.

Aylesbury_Duck

As Alter ego has said, no. If you have a dog you are required to secure the boundary though, which could be another wall or just a fence. Likewise, if your neighbour has a dog, s/he is obliged to secure their boundary with you, so if you removing your wall removed the only divider between you, it has imposed an obligation on them.

If you would like a wall there, it could be an opportunity to get one built at half price: negotiate to share the cost with your neighbour and build the new wall on the boundary.

Don't get involved in a neighbour dispute. It will be emotionally expensive and could cause problems if you ever sell the house because you'd be obliged to declare it.

tony6403

Aylesbury_Duck wrote: »

As Alter ego has said, no. If you have a dog you are required to secure the boundary though, which could be another wall or just a fence. Likewise, if your neighbour has a dog, s/he is obliged to secure their boundary with you, so if you removing your wall removed the only divider between you, it has imposed an obligation on them.

Sounds like good practice but under what statutory provision could this be enforced ?

Davesnave

tony6403 wrote: »

Sounds like good practice but under what statutory provision could this be enforced ?

CPN since 2014. Don't know how often they're used in this or any other context though:
https://www.whatdotheyknow.com/request/234933/response/584629/attach/html/3/CPN%20Guidance.pdf.html

Fosterdog

Davesnave wrote: »

CPN since 2014. Don't know how often they're used in this or any other context though:
https://www.whatdotheyknow.com/request/234933/response/584629/attach/html/3/CPN%20Guidance.pdf.html

That wouldn’t be relevant between neighbours, it is about antisocial behaviour within the community not boundary disputes. The only thing it mentions about dogs is dog fouling, just because there is no boundary doesn’t automatically mean a dog will foul in the neighbours garden and it could only ever become an offence if the owner refuses to clean up.

PasturesNew

The only thing that can "make" you replace your wall with another structure would be specific wording written within your planning permission, or covenants in the deeds, or in a lease if land were leasehold.

If it is your wall and there is nothing in the legal pack saying it has to exist and you have to maintain it, then that's it.

So you need to read your legal paperwork on the boundaries and obligations.

The neighbour has the right to put something up on their land, at their expense, but if there's nothing in the paperwork that forces you to do something then it's game over.

martinthebandit

The correct answer (as it always is in these circumstances) is to invite the neighbours round for tea and cakes, have a chat with them and reach a compromise that you can all agree to.

Getting tied up in legal stuff about what you must or must not do is not going to do anyone any favours.

PasturesNew

martinthebandit wrote: »

The correct answer (as it always is in these circumstances) is to invite the neighbours round for tea and cakes, have a chat with them and reach a compromise that you can all agree to.

Getting tied up in legal stuff about what you must or must not do is not going to do anyone any favours.

The thing is, you do need to know/understand the exact legal position in order to inform others authoritatively. You have to know so you're right ... else you're never going to make the cake work just because you "think" you can do what you like - and the neighbour doesn't "think" you can do that.

You have to know - so understanding the legal position is critical.

If you are in the wrong you can then back down gracefully; if you are in the right you can stick to your guns firmly.

Knowing the legal position doesn't mean anybody's going in all guns blazing .... just that they're not "making it up and assuming" stuff.

Sometimes those without rights will make out you're the wrong/awkward one - and it's often those who are wrong that make the most noise.... so you need to KNOW what's what to have any conversation with anybody about it.

moneyistooshorttomention

PasturesNew wrote: »

The thing is, you do need to know/understand the exact legal position in order to inform others authoritatively. You have to know so you're right ... else you're never going to make the cake work just because you "think" you can do what you like - and the neighbour doesn't "think" you can do that.

You have to know - so understanding the legal position is critical.

If you are in the wrong you can then back down gracefully; if you are in the right you can stick to your guns firmly.

Knowing the legal position doesn't mean anybody's going in all guns blazing .... just that they're not "making it up and assuming" stuff.

Sometimes those without rights will make out you're the wrong/awkward one - and it's often those who are wrong that make the most noise.... so you need to KNOW what's what to have any conversation with anybody about it.

Couldnt agree more.

On one particular issue I can think of with my neighbours - they havent been able to say a word about no longer being able to trespass in my garden (as they had been in the habit of doing) - because they know I have the proof in writing that I am correct about the way things are.

That proof is on the Deeds and original paperwork of my house. That is the sort of place to look for evidence as to any obligations the owner of your house had at the outset.

The current laws of the country (England and Wales part of it) is where you look as to whether you have the legal obligation to replace that wall or no (ie over and above anything it says in your personal house deeds).

Can we presume you don't have a dog? Obviously, if you do, the onus is on you to replace that wall (in order to keep the dog off your neighbours land). If you don't - then that is down to you unless your house deeds or the law of the land compel you to.

Warwick_Hunt

tony6403 wrote: »

Sounds like good practice but under what statutory provision could this be enforced ?

Animals Act 1971 may cover it.