Potentially dangerous boundary wall

emma_spaghetti wrote: »

1. Where do we stand legally on this, given the wall isn't an imminent danger but could well be in the near future (and why should we wait until it is dangerous before we can get anything enforced and risk other people's safety)?
Even if it is not now "an imminent danger", if it were to collapse now and cause damage or injury, the fact you are aware of its poor condition could make you criminally liable, not just civil liable.

We know Building Control can enforce work if it does become dangerous. If we can enforce work / costs at this point before we reach that critical status, how would we go about it?
Through a solicitor.

My concern here is that the whole wall needs to be sorted as one project. There are pillars which seem unstable but they are on the boundary between two houses so I don't think they can't be repaired by just one owner.
Not sure why it has to be one project. Surely you could repair or re-build the most damaged section(s)?

A similar length stone wall exists near me. I've been driving passed it and watching sectionss being sorted out over the last 2 years or more!

Similarly, I can't see how sections can be re-rendered individually as the work will involve parts of the wall belonging to someone else who may not have given consent.
I thought you said:

"It's co-owned by 9 houses ". This needs to be clarified.
Is the entre wall co-owned, or do different owners own different sections?
Where & how (exact quotes!) is ownership documented?

Can we go ahead and act on their behalf without taking on extra liability for payment and do we have to give notice or follow a set procedure?
If you proceed without agreement you will be liable to the contractors for full payment.
Trying to extract payment retrospectively, without prior consent, from other co-owners would be difficult.

2 - if a full survey is needed to determine the extent of the damage and the repair work required then can this cost be split out amongst all the owners.
Of course. It is part of the project cost. But again, you need owner consent.

It doesn't seem fair that those who are willing to do the investigating should bear the associated costs. If it can be split then how would this work practically?
The costs of investigation are added tto the costs of repair.

3 - if works are necessary, what will be the basis for splitting the costs? Will everything be shared equally? Some owners have taken more care than others by removing weeds but there's one house where there's a tree growing from the wall which must have caused more extensive damage.
Assuming as you first said, the wall is co-owned, the cost would be shared equally.

Would that cost be shared or fall on the owner of that section?
If your first statement is wrong and each section is oned by a different person, then of course that person is liable not just for repair or that section, for any legal liability reulting from disrepair/collapse

If the wall needs to be rebuilt then I guess this would be irrelevant.

4 - when it comes to paying for the work, how might that be arranged? I presume the contractor would be wary of agreeing to the work knowing they have to collect payment from nine customers and what happens if they have trouble collecting from some owners?
Some will have to instruct the contractor. That person will pay the contractor.

Does our liability as individual owners end when when we pay our share?
Depends on the ownership status of the wall, which beccomes murkier the more I read!
Appreciate this is a tricky one to answer and will be a unique case to us, but I imagine there are a lot of issues with boundary walls up and down the country.