Removal of boundary

WestieOliver

We recently moved into a property and upon arrival noted that the boundary wall to the left of the property which we maintain had been ripped down. The structure was made from railway sleepers and a four foot fence on top, all the fence and posts are missing along with a large number of the sleepers, this was built to retain soil as the property is 1- 1.5 meters higher than the adjoining field.
When the survey was carried out it was noted that it was failing with photographic evidence and as such we negotiated a reduction in the cost of the bungalow as this needed to be rebuilt in the future to ensure their was no slippage to the existing land on our property.
We are looking for some advice as to whether we can pursue damages from the previous owner in regards to moving the boundary structure as at no stage were we informed that they had removed it, photos were taken on the day we moved in and it clearly shows items are missing we believe the boundary was removed anytime after we paid a second visit in December 2020 and February 2021 when we moved in.
Any guidance or advice would be greatly appreciated, we just want to know if we have a case worth taking forward as we are now having to try and find someone who can rectify now rather than within the year, which is extremely hard at the moment due to trades men all being very busy.
thank you 

Jeepers_Creepers

As far as I know - and I'm pretty certain - yes, of course you have a case against them. Would you have a valid case if they removed and took the front door? Chimney breast? Kitchen units? Patio? The garden fence? (Oh, they did...) These are all fixtures, unless some alternative mutual arrangement was made regarding them as part of the sale - which there wasn't. At no point did you say they could take the old fence!

If the story is just as you relate, then it's astonishingly petty of them; almost certainly they were miffed that they had to offer a reduction in order to compensate for the poor state of the retaining wall, so this is their way of feeling better - most likely the materials they took are practically worthless, so it's all done as a petty 'revenge'.

Take this to its logical conclusion; a house with, say, a ropey chimney stack needing rebuilding. Buyer negotiates a £4k discount to have it rebuilt. Seller agrees - and then takes the old stack with them.

You can almost certainly make this come back to bite them hard if you wish. From what you say (and you appear to have evidence) the existing wall would have carried on doing its retaining job for a good year or so until you arranged its replacement? In which case there was no onus on you to replace it before that estimated time. Want to 'put them on notice' that any collapse, slippage or  movement of the land as a result of them removing the retaining wall will be their responsibility to fix, or you'll sue them for the cost?

Have a word with your conveyancing solicitor, who should at the very least write a stiff letter of complaint to the seller's conveyancer. Also phone up the LegProt on your house insurance and ask for advice.

Most likely both will say "It was naughty, but ain't really worth pursuing since you were going to replace it anyway, and you should have the money for this as it was deducted from the house purchase." However, I think both should also write the 'PoN' letter to cover themselves (and you) in case the land does move before you manage to get hold of a builder/fencer.

That should give the seller the sweats. And then you sllloooowwwllllyyyy find yourself a fencer...

Norman_Castle

I'd pursue it if only to waste their time. You clearly bought this failing wall as part of the property and it should have been left in place regardless of the reduction for its replacement.

Jeepers_Creepers

I think you definitely need to bring this to the attention of your solicitor - and they to the seller's. The message would be 'you had no right to do this, and you will be directly liable for any resulting damage to our land by the removal of that retaining wall'.

Whether it's worth trying to claim actual 'damages' for the situation as it stands, I'd have thought not. At least not unless the land does collapse - in which case too darn right.

There could possibly be case for a claim, tho', if say you needed to safely keep your children or dog within your boundaries, and this meant you'd need to have a new fence put up super-pdq - at a higher cost in order to engage a fencer quickly. You could easily, I believe, make a case for reclaiming that increased cost. But...

Really, I think you just want to put the frighteners on them 'cos they are 'oles, but definitely cover yourself should actual damage be caused as a result of the missing wall.

WestieOliver

Thank you everyone for your advice it is really helpful, I have contacted the solicitor today who did the house purchase and we are waiting feedback.
The guidance relating to any damage that maybe caused to our property until we are able to rectify is a very good point as at the moment we are struggling to find someone who can do the work so that the new structure is robust enough to ensure no slippage occurs.
Hopefully we should hear back tomorrow, again thank you