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Whose land is this wall on?

HampshireH
HampshireH Posts: 4,999 Forumite
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We have a damaged wall either side of our private carpark. The wall to the left of the carpark (see pic) runs parallel and the bushes and pavement are owned by the council.

The other side of the carpark the wall borders 3 houses and again council land. There are trees on council land which have cracked the wall and roots are starting to come up through the carpark.

The council have told older neighbours that they do not own this wall. Despite owning the land and there being no strip on land registry between their land and our land. They have also said as any falling bricks would land in the carpark then thy aren't worried about them landing on passer bys.

No property deeds for these houses show ownership or mention said wall.

In your opinion does this wall sit on the council land bearing in mind the upright paving slab thing denotes the edge of the carpark?


The red arrows show the three council owned areas the first one shows the corner of the wall in the photo attached.
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Comments

  • AskAsk
    AskAsk Posts: 3,048 Forumite
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    you may be better off posting this in the house buying section
  • IMO, if the upright slab is the edge of the carpark then I would say that the wall is entirely on the council owned land but actually proving it or getting the council to admit to being responsible for it may not be easy.
  • HampshireH
    HampshireH Posts: 4,999 Forumite
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    IMO, if the upright slab is the edge of the carpark then I would say that the wall is entirely on the council owned land but actually proving it or getting the council to admit to being responsible for it may not be easy.
    This was my thoughts. I prepared for battle but have been trying to locate actual council maps which are easier said than done.
  • HampshireH
    HampshireH Posts: 4,999 Forumite
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    AskAsk said:
    you may be better off posting this in the house buying section
    That's my regular haunt but as I'm not renting, buying or selling I wasn't sure if I'd get sent elsewhere 
  • twopenny
    twopenny Posts: 7,929 Forumite
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    Just a random thought but that's a fairly substantial wall to be built by a house owner.
    What's the blue thing put right against it?

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  • HampshireH
    HampshireH Posts: 4,999 Forumite
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    edited 7 November 2020 at 9:29PM
    The box? I'm not sure to be honest I'd need to look tomorrow. There is s utility market further down in the hedge one of the concrete t shaped ones.

    Yup it's very substantial. And I feel on their land. If it were deemed homeowners then this one and the continuation the other side of the entrance would be the responsibility of 8 different owners (not in 4 of our deeds)
  • AskAsk
    AskAsk Posts: 3,048 Forumite
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    AskAsk said:
    you may be better off posting this in the house buying section
    That's my regular haunt but as I'm not renting, buying or selling I wasn't sure if I'd get sent elsewhere 
    people who loiter around that section of the forum seems to know a lot about property deeds, so they may be able to interpret it for you, as it is the sort of questions people ask when they buy a property.

    i also find there is a lot more foot fall on that section of the forum than this one.
  • theoretica
    theoretica Posts: 12,691 Forumite
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    What is the history of the area/what was there before?  It would seem pretty odd to me for the council, or anyone, to build a wall like that along their pavement.  Much more likely for people to build walls round their garden or carpark.  The upright paving slab could easily be later than the wall or just for convenience marking the edge of the tarmac.
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  • If there were a steep drop from the edge of the footway down on to your car park [or some other hazard] then maybe the council would have built a wall on it, but in the absence of such a thing then it seems unlikely they would have done. It seems more likely to me that the wall was built to enclose whatever was there before it was a car park.

  • chrisw
    chrisw Posts: 3,834 Forumite
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    I would agree that the wall appears to pre date the car park and was part of a previous building or enclosure.

    Just because the council own the land, does that mean they also own the wall? Maybe the wall isn't owned by the council or the houses but some long forgotten third party.
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