Advice appreciated on vendor fixing fence

Onmyway2market

The structure the wall and wooden fence is on is a retaining wall. The neighbour’s property is higher. Not huge but a fair bit of a slope that definitely needs the retaining wall. I have wondered whether it is the retaining wall that is the problem and that it may have caused the instability in the brick wall part of the fencing that sits on top of the retaining wall. The retaining wall is a rubble wall - made of pieces of stone and rubble. 

robatwork

Would the vendor have a problem with you getting a builder/structural engineer in to provide an estimate?
Then at least you know if you're dealing with £500, £5000 or £50,000?

greatcrested

Onmyway2market said:

A structural surveyor I commissioned found the problem. The bank’s valuer did not spot the problem. The bank now wants an engineer to determine what needs to happen to fix the problem. The structural surveyor was very emphatic that a problem existed and attached urgency to remedying the problem. I think that’s why my conveyancer informed the bank. 

I shared relevant parts where remedial action was required and I did not want to exchange without some sort of resolution and asked for his advice. I provided him and the estate agent with the relevant issues on several things including the wall. 

Unfortunately you have brought this on yourself. By sharing your private report with the lender's solicitor you have ended up with your mortgage having this condition attached.

You could (should?) simply pass his problem on to your seller. If/when he resolves, you buy.

The joy has been sucked out of the whole thing. We love the house but I don’t know how much more of this I can take.

That might be an indicator that this purchase is not for you. Even if/when resolved, do you want to live next door to this neighbour....?

Another aspect is ownership. Unless I've missed it, you don't say (perhaps don't know?) who owns the wall. Perhaps the vendor can simply rebuild his wall.

princeofpounds

Greatcrested is right - this is for the vendor to sort out. Given you wanted a resolution before buying, the fact that your mortgage company also wants a resolution isn't really that relevant.

Whether you end up responsible for maintenance of the fix depends entirely upon how this is resolved in practice. The vendor could force the neighbour to fix it via council processes. The vendor could pay to have it fixed by the neighbour's contractor, but it remains the property and responsibility of the neighbour. Or, the neighbour and the vendor may agree to jointly own the structure going forward. The vendor may construct his or her own structure, which would remain the property and responsibility of whoever buys the property. etc.