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Neighbor's wall creaking into our garden

Me and my partner are buying a house and the surveyor has noted that the wall to an 'outhouse' belonging to our adjoining neighbour has a large crack and it seems like it is slowly starting to collapse into the garden of our new property. The surveyor recommended we talk the neighbour about having it repaired, but I'm not sure legally/financially where we stand and we aren't in a position financially to get solicitors involved etc. seeing as we are forking a lot out for the move. 

Does anyone know if our neighbours are legally responsible for this wall? For more info, it's a shed/garage building where their exterior concrete wall makes up the wall on the boundary of our property.
Only have a tiny picture but here it is: 

And here is where this wall meets my soon to be garden:

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Comments

  • Me and my partner are buying a house and the surveyor has noted that the wall to an 'outhouse' belonging to our adjoining neighbour has a large crack and it seems like it is slowly starting to collapse into the garden of our new property. The surveyor recommended we talk the neighbour about having it repaired, but I'm not sure legally/financially where we stand and we aren't in a position financially to get solicitors involved etc. seeing as we are forking a lot out for the move. 

    Does anyone know if our neighbours are legally responsible for this wall? For more info, it's a shed/garage building where their exterior concrete wall makes up the wall on the boundary of our property.
    Only have a tiny picture but here it is: 

    And here is where this wall meets my soon to be garden:

  • eddddy
    eddddy Posts: 18,547 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 February 2020 at 3:41PM

    In general, you can't force your neighbour to repair their outbuilding (for example, because you think it's unsightly.) Unless you think it's dangerous and likely to injure somebody.

    But if it's encroaching a bit onto your land, technically it would be trespass.

    If it is encroaching (or potentially dangerous), and you want something done about it, the 'standard' route would be to tell your seller that you need it resolved before you purchase, so they need to address it with their neighbour.

    But if the seller says 'no' or the neighbour says 'no' would you walk away from the purchase? And do you want to start a dispute with the neighbour before you've even moved in?

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If it's the wall of their outbuilding then it's almost certainly their responsibility. A concrete wall threatening to collapse on top of something/someone is the sort of thing building control might take an interest in.
  • Retired_Mortgage_Adviser
    Retired_Mortgage_Adviser Posts: 590 Forumite
    500 Posts Name Dropper
    edited 17 February 2020 at 4:15PM
    As David said, it looks like their responsibility. They might be concentious neighbours who would jump to fix such as issue or they could be the kind that wouldn't care if the wall collapsed and fell into your garden.
    In your place, I would ask the seller to resolve the issue prior to purchase or give you a sufficient discount to compensate for the risk. But depending on how much you want this to go ahead, you might be willing to accept the risks involved and proceed nevertheless.
    This could potentially fall under the definition of a "dangerous structure" which someone could well report to the council building control department.
  • FreeBear
    FreeBear Posts: 18,367 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Their wall, their problem. It is not your responsibility to pay for, or contribute to repairs. No need to involve solicitors. Just a friendly chat, point out the wall is collapsing, and offer to allow access for builders to repair.
    Any language construct that forces such insanity in this case should be abandoned without regrets. –
    Erik Aronesty, 2014

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Are your vendors aware? Have they taken steps aready to have the matter addressed.
  • TELLIT01
    TELLIT01 Posts: 18,614 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    If the wall is entirely on their property they will be fully responsible for maintaining it.  If it is a boundary wall you need to check the deeds to see if ownership/responsibility is clarified there.  It's possible there is a joint responsibility for maintenance.
  • robatwork
    robatwork Posts: 7,350 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    FreeBear said:
    Their wall, their problem. It is not your responsibility to pay for, or contribute to repairs. No need to involve solicitors. Just a friendly chat, point out the wall is collapsing, and offer to allow access for builders to repair.
    You make it sound easy, but this could be a "I'll worry about that if it ever happens" neighbour rather than a reasonable one.
    Sadly there's not a lot you can do if it's one of them, other than wait for it to collapse and plan your garden accordingly.

    I'd be talking to the neighbour before I bought the house.
  • brianposter
    brianposter Posts: 1,649 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sounds like a good opportunity to talk to the neighbours before you buy.
  • Omg, I think you could just talk to neighbours and have a decision together. There is no need in legal/not legal methods if you want to have good relationships with them.
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