Help with Boundary Wall - Its about to collapse into my property

missile

PSG77 wrote: »

Well there is a big issue why I wont pay for the wall.

1st I don't believe it is mine, but secondly with the amount of soil that has at some point been built up, a single skinned garden wall will not hold back the soil. This is the reason this wall is in such a bad state, its not through lack of maintenance. It is because there is so much soil against the wall it is pushing it into my property. The wall was designed as a boundary wall, not a soil retaining wall.

If the wall was to be rebuilt it would cost substantial figure as it will hold back the soil. The letting agents have said the lanlord will ONLY go 50/50 and will not remove the soil.

To Le-kirk, pillars are my side, but they swap sides constantly as you go down the terrace. This is due to the houses have been around at least since 1850, and I think have been rebuilt a few times over the years.

I know 2 houses down from us has pillars facing his property on the left and right walls.

You are very fortunate that the Neighbour's LL has agreed to pay half the cost. Get a quote and get it done.
What price do you put on your kid's safety?

AndyMc.....

Le_Kirk wrote: »

Yes but if the houses/walls have been built for years and both neighbours have moved in since they were built, how would they be able to work out who paid for what? Good point well made, but if both deny responsibility then a compromise will need to be reached.



Can you be responsible for a boundary? I thought the deed just delineated where the boundary is and therefore where your property starts and ends. The mark on the deeds will indicate who is responsible for mai gaining the boundary

Which in your case you interpret as who owns the wall.

KittenChops

If the neighbour's landlord insists that it's 100% your wall, would he be liable for the damage he has caused to it by using it as a retaining wall?

unforeseen

It would probably take a court case to decide that.

littlerock

In my area the convention is that everyone owns their right hand garden wall (standing with back to house) but in some areas it may be the left hand wall. But in my experience there is usually is an established convention over who is responsible for which wall, if nothing is marked on the maps.

littlerock

Unforeseen - Are you sure about this, if the neighbour is the one who by piling up soil against it, cause the party wall to near collapse, you are saying he has no responsibility if it falls down? I find that hard to believe. Have you got a legal reference for that statement?

Meanwhile this may be of interest

This may be of interest
http://blogs.lexisnexis.co.uk/dr/4-ways-the-party-wall-act-might-affect-you/

rach_k

How big are your gardens?

My garden is small so if 93cm high of soil fell in from the neighbour’s garden, it probably wouldn’t take me more than a day of shovelling to chuck it back into the middle of their garden with a nice slope towards the correct level at the boundary and stack up the bricks. I’d probably allow the wall to collapse and return the soil myself, then leave the neighbour to sort their garden before either building my own wall just inside a boundary marker of chicken wire, or offer the neighbour half of the cost of a standard wall towards the cost of a proper retaining wall.

You can’t use the garden as it is, so I’d just let it collapse and force the issue.

unforeseen

littlerock wrote: »

Unforeseen - Are you sure about this, if the neighbour is the one who by piling up soil against it, cause the party wall to near collapse, you are saying he has no responsibility if it falls down? I find that hard to believe. Have you got a legal reference for that statement?

Meanwhile this may be of interest

This may be of interest
http://blogs.lexisnexis.co.uk/dr/4-ways-the-party-wall-act-might-affect-you/

The neighbour is responsible for the walls demise but the OP, because they are aware of the danger that the wall could collapse at any time, would be responsible for any injuries on their side if they takes no action to mitigate the risk by e.g. fencing off the area, ensuring people don't go near it etc.

As to the link about party wall. One problem here is that both sides are denying ownership of the wall. Without that information then points 2, 3 & 4 don't come into play.

If it is truly a shared wall then the fact that the neighbour has offered 50/50 and the OP has refused will, if it goes to court, be to the OPs detriment

unforeseen

littlerock wrote: »

In my area the convention is that everyone owns their right hand garden wall (standing with back to house) but in some areas it may be the left hand wall. But in my experience there is usually is an established convention over who is responsible for which wall, if nothing is marked on the maps.

Convention is just that, something borne out of habit.. Not everybody needs or does agree with it. It is purely an agreement between neighbours.

There is no legal presumption that any boundary is the reponsibility any house unless it is documented in the deeds

Johnhowell

PSG77 wrote: »

There is nothing at all the the land registry documentation. Just boundary outlined in red. Thats it!
£10 well spent.... not....

PSG77 the electronic "deeds" provided by Land Registry are not the deeds you need. They only contain the information for the purposes of the Land Registry and these do not necessarily include those covenants that the owner needs to know -like boundary feature responsibility.

The official Land Registry website sell Title Register and Title Plans for £3 each - so did you use the official website?

You need the original property deeds to see the T marks on the boundary lines - which your solicitor may hold. Or check the paperwork you received when moved in - sometimes solicitors include their search results which may include the original deed. Banks/building societies no longer hold them but yours may do. Ask both.

Or, look at the Title Register and if under the early paragraphs it may mention "copy held" for the referenced conveyance, then the original deed may be bought from Land Registry (historical document £10 each). However, these can not be bought online by the general public - but your solicitor can - or telephone them and ask.

Good luck,
John