Neighbour dispute - unsafe shared garden wall

hugof

We recently bought a maisonette with outdoor space. At the time it was bordered by tall fences (black boards with plastic faux green shrubbery nailed on) so the surveyor could not seen behind. We wanted to renew the outdoor space so remove the fences, only to find old rendered brick walls that were in a poor state. One had ivy growing through it and is bowed. Both neighbours the other side of it have been there years and think that it is safe as it hasn't fallen down yet. We therefore got the council's building control department round to provide an independent opinion and see if it could be salvaged; they said it could not and issued a Defective Structure Notice to all of us. We understand this is not enforceable but if no action is taken within the 3 month time frame, the letter says they will serve a Dangerous Structure Notice which is enforceable. 

No doubt cost is an issue. Our conveyancing solicitors checked the deeds of all the properties and the wall is not mentioned, so we understand it is assumed to be of shared ownership and shared responsibility (and cost) to maintain. The quotes to replace it have been high (£5-6K) no doubt because the rubble and new materials will have to be carried through one of the properties as there is no other access.

We have contacted our neighbours with a plan to replace (breeze blocks and render, to keep cost down but retain the aesthetic) and quotes, offering that they also solicit quotes. One in particular is refusing to engage with us. A party wall surveyor has suggested we can force the issue by involving them, but this will add >£1000 to the cost in their fees.

Has anyone had anything similar? Any other suggestions?

shaun_from_Africa

To keep the cost down, why not get the old wall lowered as much as possible so that it is safe, keeping the lower levels of bricks if they are okay then simply put up a wooden fence on your side of it?

FreeBear

hugof said: We have contacted our neighbours with a plan to replace (breeze blocks and render, to keep cost down but retain the aesthetic)

This came up recently in a very similar thread. You do not want to be using light weight breeze blocks for an external wall. They do not have the strength for such a job, and you'll find that once water gets in to them and freezes over the winter months, they will disintegrate. Depending on the height, additional reinforcement may be required. A structural engineer will be able to advise on the most appropriate form the construction should take if this is a retaining wall.

TELLIT01

Check out the cost of replacing the wall with a fence.  That is likely to be considerably cheaper.  If neighbours agree to share that cost, but you are determined to have the wall replaced, it would be up to you to pay the additional cost.  As there is nothing mentioned in the deeds it will be virtually impossible to force them to pay for its replacement with another brick structure.

Mistral001

It looks like all three of you will be prosecuted if nothing is done so it is certainly is a bit of a situation.    Another trip to your solicitor is perhaps required. 

twopenny

Could you return the boards? The wall would not fall on your side.

This is a situation of your making and because of what you wanted so I'm not surprised that the neighbours aren't willing to participate in such a huge expense. Besides, that is a lot of money you won't get returned and you don't know their financial situation especially at the moment.

Feathered board is going to be very expensive too. What were you intending to put there when you started?

DayDreamerandGeneralWaster

I can see why the neighbours aren't taking to you, you've just brought a significant bill to their doorstep. They obviously weren't too fussed about the state of the wall.

Mistral001

DayDreamerandGeneralWaster said:

I can see why the neighbours aren't taking to you, you've just brought a significant bill to their doorstep. They obviously weren't too fussed about the state of the wall.

A bill or a possible prosecution.  Note Building Control will ultimately deal with this through the criminal courts if the problem you raised with them is not remedied, so not very nice for you and your neighbours.  

I would not ask the neighbours to pay anything.  Just apologise to them and get the whole thing sorted out yourself. 

stragglebod

You're assuming it's shared ownership, and you're assuming it's shared responsibility, and you're assuming it's shared cost?

You want a new wall. So pay for a new wall.

unforeseen

You are in danger of the neighbour's pushing the wall over to make it safe, and it will probably all land on your side to sort out since you wanted it dealt with

T3RRY

Simply build a wall on you land next to theirs. Should the wall ever fall and knocks yours then its their problem to repair your wall. Also find out who owns the wall/maintains it. If it is yours to do then don't involve the neighbours, just simply notify them of your work. If it is theirs, you can't force them to do anything other than point out the state with the hope they will do it.

In this situation you may have invited the problem by going to the council with the hope of forcing your neighbours to rebuild the wall.