Neighbours wall leaning / overhanging - Trespass?

Neighbours wall leaning / overhanging - Trespass?

Postby dunkthefunk1977 » Wed Jan 05, 2011 3:40 pm

Hi, I'm new to the board, but hope that someone may be able to help.

The 210cm tall Victorian wall that acts as a (side) boundary between mine and my neighbours rear garden is in a state of disrepair. It is 28cm out of plumb.

The wall was very dangerous and would sway in the wind and could be very easily be moved/wobbled with relatively light pressure. I approached the owner of the wall (as detailed in the deeds) and he was a very awkward fellow who denied the wall was dangerous and refused to rectify the matter. I appointed 2 x Structural engineers who deemed the wall dangerous and in risk of collapse and confirmed the wall to have rotated upon its base due to foundation subsidence over time. They offered a practical solution of 2 x supporting piers situated in my garden.

I offered to contribute 50/50 for the £1000 piers as a gesture of goodwill and to allow them to be sited on my land. This offer was refused - and I was denied permission to have the work performed (paid by myself) as it would be tampering with his wall.

Eventually I had Building Control involved who deemed the wall unsafe and were about to pull the wall down - but the owner then built a make shift pier out of (unsuitable) internal insulation blocks to make it 'safe' in Building Controls eyes.

The problem now is that the owner of the wall is trying it on and claiming the walls deterioration to be due to ivy having grown on my side (which can be proven to have grown up and over from his side). He has appointed a solicitor and is now demanding I pay £7k to have the wall rebuilt. Suffice to say, this isn't acceptable.

As a result of his unreasonable behaviour - I have now lost any sense of good will and would simply like to see the wall removed. I am happy to pay for a new boundary to be erected (a fence)... but this is point blankly refused by the neighbour.

What I would like to know is : can I claim that his wall is trespassing my land (by means of a 28cm overhang due to the leaning) - and to have the courts force him to have the wall removed? Has anyone any experience of claiming 'trespass' by an overhanging wall that has simply failed over time - rather than a new structure having been built?

Any help would be very much appreciated.

Thanks

Duncan






The wall was until recently in a very dangerous state (it had actually leaned a further 5cm in 3mths) - but I have
dunkthefunk1977
 
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