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Retaining wall and fence issue

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Good morning, I have a question about a boundary fence which is erected in a retaining wall. My question is about responsibility and what would be the best next steps.
The retaining wall and fence separates my property and my neighbour. In my title deeds it is clear that I am responsible for the boundary fence to my left when in the back garden facing the house. The wording says “the land transferred was expressed to include the site of the fence on the north side”. The north side being the left hand side facing the house standing in the back garden. 

I have looked at my neighbours title deeds and theirs is silent on ownership of their left hand side boundary (ie my right hand side). The retaining wall retains her land as her house sits higher than mine on the hill and the houses in that row were built at the same time by the same builder in the 1920s.

The retaining wall is falling apart and the wall that is on the retaining wall is about to collapse and will certainly hurt or kill someone if we are around when it collapses.

My neighbour is unconcerned about the obvious danger. She has tenants in the property so it does not affect her day to day living and she shows no willingness to fix the problem. I have been very understanding but my attempts to be amicable have been repeatedly rebuffed.

How do I move forward? Speaking to the neighbour seems pointless. My grandchildren cannot play in the garden as i could not bare it if something happens. The wall is very high.



Comments

  • JMW77
    JMW77 Posts: 825 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 16 December 2020 at 9:48PM
    Not that it helps much I am in the same position but wall did collapse ,our neighbours threatened us with court claiming work we had done  on our side had made the wall collapse. Subsequently structural engineer has reported lack of maintenance on their part and has denied they're claim .

    Waiting to hear what will happen next my neighbours tried it on and it backfired.

    I suggest you go through legal cover on your home if you have it  ( maybe get the cover when you renew if you don't have it)or get half hour free with a solicitor. 


  • How many quotes have you had to repair or replace the wall? What are the costs involved?
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