Do I have the right to repair boundary wall? Deeds unclear (Scotland)

Lanky_Ad_4935

Hi all,


My property is situated at the corner of a development which is circa 30 years old. 

My rear garden is enclosed by a stone wall which I believe to be a couple hundred years old (based on historic mapping). 

Unfortunately there is a fair bit of loose mortar falling off, and therefore it needs some repointing work. I'm happy to undertake this myself. 

However when I decided to review the deeds I am unclear as to whether this falls within my plot, or whether this shared boundary wall is in fact 'common area'. 

My plot is defined as: " "Plot" means a plot of ground on which a Detached Dwellinghouse, Semi-Detached Dwellinghouse, Terraced Dwellinghouse, a Cottage Flat Building comprising an upper and a lower Cottage Flat or a Block of Flatted Dwellinghouses is erected and the curtilage or garden ground appertaining thereto (if any), and includes any footpath or part of roadway within the Plot. " My interpretation is that the curtilage doesn't include boundary wall?

'Common area' is defined as: "Common Area" means the subjects tinted blue pink and brown on the Title Plan, under exception of all Plots together with any paths to which any individual Proprietor or Proprietors has/have been given a servitude right in the Feu Disposition granted in their favour or by Deed of Servitude or otherwise and also under exception of all parking spaces exclusively conveyed with any Detached, Semi-Detached, Terraced, Cottage Flat or Flatted Dwellinghouse. The Common Area shall include the public open spaces, amenity ground, childrens' play area (if any), common access roads, pavements, footpaths, visitor car parking spaces and all sewers, drains, pipes, cables, boundary fences, walls, railings and hedges enclosing the same and common lighting. References to Dwellinghouses shall include Detached Dwellinghouses, Semi- Detached Dwellinghouses, Terraced Dwellinghouses, Cottage Flats and Flatted Dwellinghouses." [Emphasis added]

If I am correct that this wall falls within 'Common Area', am I still able to undertake the repair work? Or am I putting myself at risk?


The development does have a factor, however they never inspect this part of the development. I am tempted to ask them, however I'm worried that they will simply want to do as little as possible... 

If anyone has any thoughts or advice I'd appreciate it!

Alderbank

If I am correct that this wall falls within 'Common Area', am I still able to undertake the repair work? Or am I putting myself at risk?

At risk of what?

I assume that one side of the wall encloses your land and the other side faces common land, or is the wall entirely on common land?

Is your plan to repair the side which faces your land or both sides?
How high is the wall?
What construction is it? The foundations will not be up to much if is 200 years old.  Is it a dry stone wall?

Lanky_Ad_4935

Alderbank said:

If I am correct that this wall falls within 'Common Area', am I still able to undertake the repair work? Or am I putting myself at risk?

At risk of what?

I assume that one side of the wall encloses your land and the other side faces common land, or is the wall entirely on common land?

Is your plan to repair the side which faces your land or both sides?
How high is the wall?
What construction is it? The foundations will not be up to much if is 200 years old.  Is it a dry stone wall?

At risk of becoming liable for work done to a wall which I might not have the right to have undertaken? Potential issues when future solicitor queries the work done when trying to sell the property done the line?

My query is more whether the boundary wall forms part of the common area of the development, e.g. like the central car park.

The land on the other side of the wall is a business park.

I am only considering repointing my side of the wall. I think it's about 10ft, rubble stonework with lime mortar. Not anywhere near close to falling over, but a lot of the mortar is coming loose.

FreeBear

Lanky_Ad_4935 said:

Alderbank said:

If I am correct that this wall falls within 'Common Area', am I still able to undertake the repair work? Or am I putting myself at risk?

At risk of what?

I assume that one side of the wall encloses your land and the other side faces common land, or is the wall entirely on common land?

Is your plan to repair the side which faces your land or both sides?
How high is the wall?
What construction is it? The foundations will not be up to much if is 200 years old.  Is it a dry stone wall?

I am only considering repointing my side of the wall. I think it's about 10ft, rubble stonework with lime mortar. Not anywhere near close to falling over, but a lot of the mortar is coming loose.

If you do decide to repoint yourself, do it with lime, not cement.

If you use a cement mortar, there is a risk that moisture will get trapped in the bricks causing them to spall when it freezes. A lime mortar is (usually) a bit more forgiving if there is any movement in the wall do to thermal expansion. Done right, it will last another 200 years.

Eldi_Dos

Alderbank said:

What construction is it? The foundations will not be up to much if is 200 years old.  Is it a dry stone wall?

Trying to get services under the type of wall described by the OP it can be surprising how much of wall can be below ground level, it has stood up to the vagaries of Scottish climate for 200 years which suggests well built to me.

Eldi_Dos

@Lanky_Ad_4935
This type of wall is much easier to maintain than repair, it would be better if both sides are done at same time.
Any sign of Buddlia or other plants growing in wall? Buddlia can be quite destructive and difficult to deal with,can regrow if roots not dealt with.