Retaining wall

mandy47

I live on a hill. My land is approx 3ft higher than the neighbours. I have an ugly stone wall retaining my land. I told my neighbours I was going to replace the wall at the same time as having a new drive laid. The next day I received a rather unpleasant letter from my neighbours threatening me with legal action if I touch the wall as it does not belong to me.
Their deeds have a T symbol along that boundary. 
I had already looked into this and everything I found says that retaining walls are the responsibility of the person whose land it retains unless it actually states otherwise in the deeds. Apparently their deeds don't mention the wall. They only have the T symbol.
I'm happy to leave the wall in place but I'm concerned about future maintenance. I was also planning a garden landscaping project next year and may have the same issue with the rear wall which does need attention. 
Any ideas welcomed.

grumbler

I'd start with trying to establish the exact position of the boundary line if this is possible.

Jeepers_Creepers

As Grumb says, if the wall in on your side of the boundary line, then it's yours - 100%. If it straddles, it's shared, as I understand it.

'T's indicate 'responsibility' only, as far as I know. In other words, that person should 'look after' that boundary fence or wall, but there is no legal requirement for them to do so (unless it's needed for another reason like keeping in pets and animals).

So, is there any way to determine where this wall sits in relation to the boundary?

Yes, I also understand it that it's the higher-ground's owner who is responsible for retaining walls. That's you. But that extends only to the 'retaining' part, which - I'm guessing' is effectively 3' for them, but zero (ground level) for you? In other words, if this was your wall, you could take it down to ground level on your side without compromising the retaining aspect? (But you shouldn't touch it if it ain't fully yours.)

So, what to do? Ideally find out where - exactly - the boundary line is. Then, if it's 'straddling' the boundary, ask the neighb to confirm in writing that they are accepting responsibility for its condition and future maintenance. If they agree, then leave them to it and build your own fence or wall on your side.

If it's clearly on your side of the line, then you are pretty much free to do with it as you want, provided the 'retaining' part remains. If you take it down/replace it, what will you be putting there instead? Presumably it'll be considerate to your neighbs?

mandy47

 Thanks for the info.
The intention was to replace it with a new modern brick wall. The original wall was built in the mid 30s. I've tried to find more information but can't find anything.  The neighbours state in their letter that it is their wall  and their responsibility, so I'm hanging on to the letter in case they change their minds if maintenance becomes an issue. I've had a surveyor take a look and he say's it's a difficult one.
I don't have to look at this wall as it's on the neighbours side so I'm having it dug out on my side and fronted with a new one creating a narrow border on my side. Builder says it's probably the easiest option to keep the peace. They have threatened him too.
I'm looking forward to planting it up.
 Life's too short to argue with such unpleasant people. The letter they sent has shown their true colours. Very nasty and insulting. I consider myself approachable, this wasn't necessary. I asked them if they had any objections and even said they could choose the brick colour. They were fine, then the letter arrived. Now there's lots intimidating behaviour, they left my daughter scared and in tears. I'm logging it all and saving my camera footage just in case.
Thanks again

Jeepers_Creepers

Ok, so relations ain't good!

If you are happy to do what you propose - effectively 'skin' your side with the new brick - then that sounds ideal.

What else you choose to do - ignore them or take action - is also up to you. Absolutely record (write down if not 'actual' record) everything they say and do that is unacceptable. Have your local friendly bobby on speed dial as well - if there's actual aggression or foul language used, I'd personally call as I've found it's often the only thing that focuses some people's minds; they know the game is up.

Some folk worry about having to declare neighbourly disputes, but I personally think it's better to be able to say "Yes, there was some contention over the boundary wall, and I considered the neighbour's behaviour to have been unacceptable - but it has been resolved..." rather than pretend there's nothing going on.