Neighbours dodgy wall

m0t

My neighbours house is about 4ft higher than mine because of the slope of the hill we are on, our narrow driveways run between the houses and they have a short retaining wall in the middle of the drive because of the height difference.

The wall is in a very sorry state. The brickwork is all frost damaged and some of the bricks look like they are being pushed out plus the top of the wall above the neighbours drive is loose from being knocked by their car so many times.

Over the years the lady who lives there has made several comments about shortly getting the wall rebuilt and it hasn't happened. It's now at the stage where I worry that bits will fall off and the whole thing could come down.

We have had an extension built and the last stage of this is to connect the new bathroom to the sewers that run under our drive.

Our builder has warned us that the vibration caused by the breakers and digger so close to this wall could cause it to come down. He's said if the wall was in decent repair and that happened they'd rebuild it themselves but he won't take responsibility for it coming down because of the state it's in.

I've spoken to the husband about it and he's refusing to acknowledge a problem with the wall and tell me if it does come down its down to our builders to fix.

The builder doesn't want to start until the neighbour has agreed to take responsibility for the wall.

Help!

Edit: Just to add I think the reason for the neighbours reluctance to replace the wall is because it's not a small job. The existing wall is about 90 years old and only a single skin and their concrete drive connects to the top.

I think any replacement would need to be double skin with potentially large concrete foundations and would need both driveways to be partially excavated.

unforeseen

Is the neighbour actually responsible for the wall or was your land dug away to provide a flat drive. 
As this is on a hill I would have expected the lower house to have had the ground removed to provide a flat area which would put the onus on the lower house to provide land retention.
What do the deeds for each house say and show? 

m0t

unforeseen said:

Is the neighbour actually responsible for the wall or was your land dug away to provide a flat drive. 
As this is on a hill I would have expected the lower house to have had the ground removed to provide a flat area which would put the onus on the lower house to provide land retention.
What do the deeds for each house say and show? 

Deeds for both houses are silent on the specifics of the wall and just mark the overall boundaries as either sides responsibility (that side is theirs).

Neighbours has previously said it's his wall and the literature that is online seems to indicate that it is the responsibility of the person whose land is being retained to maintain the wall.

E.g. https://alwenajonesbright.co.uk/retaining-walls/

Davesnave

 I would take plenty of dated photos to show the condition of the wall now and warn the neighbour by recorded delivery letter of the possible outcome of their wall not being maintained when you undertake the essential job of laying drains. You will do that with  great care, but will not accept liability if any part of the wall collapses.

In other words, frame the problem to be entirely the neighbour's. After all, they are unlikely to act any time soon and you are going to need the drains.

Afterthought: Is there no way the builder can run the drains on the other side of the drive, connecting at an angle in the part least likely to collapse? There could be a way to mitigate the difficulty.

princeofpounds

In the absence of any evidence over who actually built the wall, the legal presumption is that the wall that is the responsibility of the party whose land is being retained.

You may also wish to remind your neighbour that given the deteriorated state of the wall due to lack of maintenance, there is a strong possibility that their insurance will not provide cover to them for any damage of the wall, or indeed to any liability claims should a person or property be damaged by the wall's failure.

https://www.cila.co.uk/cila/download-link/sig-downloads/subsidence/files-18/307-retaining-walls-cila-subsidence-sig-nov17/file

If you believe the retaining wall is potentially dangerous, then you can also consider reporting it to the council (or threaten to do so). They can pursue an order to repair, but it will take time. Relevant legislation is Building Act 1984 Sections 77 & 78.

e.g. http://www.southampton.gov.uk/planning/building-control/demolition-dangerous-buildings/report-dangerous-structure.aspx

You neighbours are basically being very foolish, but it will be hard to tell them what to do; they need to understand what risks they expose themselves to.

Jeepers_Creepers

The neighbs are/have been being hesitant as they know it'll cost them a fair bit. And they now think they may have a possible way out - builder damages wall, builder needs to sort it?!

Any idea of the likely cost of rebuilding it? Can your builder give you a ballpark figure? You want this wall fixed too, don't you... 

So, certainly do as Dave says above - lots of evidence photos of wall condition coupled with putting the neighb on notice of the possible risk of damage to your vehicle should bricks fall out or the wall gives way. Then the notice of the strong risk of further damage occurring to the wall due to perfectly normal drainage work being carried out fully within your land. Perhaps add that statement by the builder - they'd undertake to repair a good condition wall if they caused damage to it (basically saying a 'good' wall wouldn't be damaged by this work in the first place), but can take no responsibility for one in demonstrably poor condition. Then, if you are happy with doing this, offer to pay for part of the rebuild as a neighbourly gesture should they commission your builder to do the work whilst they are there (assuming the builder can fit in this extra work). I dunno - if the wall would cost £1k, offer £300? - that kind of proportion? But end with the neighb having to make a decision very quickly; do nothing and accept the consequences, or take up your kind offer.

Best you explain this in a friendly chat, of course, but make sure the notice is handed over in a recorded way.

Mistral001

You have a responsibility not to damage the wall during your work on the driveway.   The builder knows this and the neighbour probably knows this as well.   I would look into re-routing your pipe or negotiate  going 50/50 in replacing the wall. 

williamgriffin

So the OP and builder are free to start work knowing there is a potential for the wall to collapse and if it does it's all on the neighbour?

Jeepers_Creepers

Mistral - the builder has the responsibility to take reasonable precautions. The neighb also has the responsibility to maintain his structures. But, yes, offering a sweetener might be a good move - I'm sure the OP will enjoy the nice new wall too. But 50:50? Hmmm.

WG - the work being carried out - the channelling for a drain within ones own land - is normal, everyday work for such a purpose and would not cause any damage to any normal structure in decent condition. This wall, from the description, has loose blocks and is generally crumbling - and has been for some time. I can somehow visualise you as this neighb.

m0t - does this neighb have any UKIP flags or union flags flying by any chance? :-)

m0t

The driveway is only a little over 2 metres wide on our side, too narrow to get a vehicle down and the builder is putting everything as close to our house wall as possible but the existing drain is slightly off centre and closer to the boundary and will need to be dug up and this is the concern.

I would also like the whole wall replaced but don't have space in my budget to contribute to it now. It's likely to be really expensive and I do wonder if the neighbour is seeing this as a way out of a costly repair on their side. Based on the deterioration over the winter I can't believe it will last another.

Jeepers_Creepers

(Pssst - could you sneak a photo of it on here, pleeeez?!)