Retaining wall onto public footpath

chetman

I own a semi-detached house which is the last house at the end of a cul de sac. The property has a retaining wall to the left as your look at it running all the way from my front garden through to the end of my back garden. This retaining wall overlooks a public footpath, which runs between our house and the neighbour on the other side. To make matters a little more complicated I am the last house on the boundary for our council. So the public footpath essentially is under a different councils jurisdiction than my house.
I’ve checked the title deed and plans and they are as ever very vague and give no clear indication of where ownership lies.
Up until a month ago the other side of the wall was inaccessible but a recent property development behind our house (and in the neighbouring council) has led to it being opened up as a public pathway. I’m due to speak to the developer tomorrow but I doubt they will have any interest.
The issue I have is that parts of the wall are in various states of disrepair. Some of which may prove in future to be a danger to my family and I as well as the general public. I’ve done some research online and am aware that it is likely that no one else is going to accept responsibility for this wall. Is this right? I want to be 100% sure before I embark on what is no doubt going to be quite an expensive job. Also will I need permission to repair it as it backs off onto a public pathway?

Any advice much appreciated.

silvercar

Retaining wall of your hous or of your garden boundary?

If the latter you want to take control to make sure your house doesn’t fall down!

If the former, start by asking the developer what plans they have for the boundary. If it is your boundary and your wall, you could decide to remove the dangerous wall and replace with a simple fence, or even leave it open. (Assuming there is nothing in your deeds requiring you to keep the wall up.)

Mistral001

Ownership of the path needs to be established if you are unsure whether the retaining wall is owned wholly by you or not. Probably one for professional advisors. I would start with your solicitor.

Davesnave

If its job is to retain your land from falling onto the pathway, then it will almost certainly be your wall and your responsibility.

I had a part of such a wall fall at my last house. The footpath was rarely used, so I just got on with it one weekend and re-built it without any preliminaries.

No doubt if you want to employ someone, or tell the council your plans, there will be plenty of health & safety hoops to jump through. I was lucky that my wall was only about 4' high.

chetman

I may have misled unintentionally with terminology. It is a boundary wall (i guess) so not a wall of my house! Rather a wall that would usually be the garden fence.

I have the developers of the new houses calling me on Friday to discuss. They own the land up to the wall on that side and there is a suggestion they may therefore be responsible for it.

If the whole wall has to be replaced there is no chance I can do it and the council will need to be informed as the public path will need to be closed.

Fire_Fox

Follow up all verbal conversations with a written summary (letter or e-mail). Cover your backside as regards reporting concerns about public safety in respect of the/ their retaining wall.

Davesnave

chetman wrote: »

I have the developers of the new houses calling me on Friday to discuss. They own the land up to the wall on that side and there is a suggestion they may therefore be responsible for it.

If they want to take responsibility, I wouldn't be inclined to argue. It's possible they want to tidy the area up, so that it all gives the right impression when it comes to sales.