Who owns the wall?

Who owns the wall?

Postby Jonah1156 » Wed Apr 06, 2005 11:17 am

Dear all,

I am acting on behalf of my parents who are having problems with their next door neighbour over a wall which lies between the 2 properties.

It all started from a personal dispute over disabled parking rights outside my parents' house a few months ago and it has now escalated to receiving a letter from the neighbour about a wall between the 2 houses.

My parents have lived in the house for well over 50 years while the neighbour has been there for about 15. The wall in question is constructed of concrete blocks and one section of the wall is listing by about 2 inches towards the neighbour's garden. bear in mind that this has been like that for about 45 years without any apparent movement since.

What the neighbour is asking now, is that my parents are advised to either repair or replace that section of the wall or furthwer action may be taken if no response is made to him by 14 days (30th March - letter arrived).

I have contacted Land Registry and am informed that neither property have been registered so am unable to find out any plans regarding boundaries.

CAB have made an appointment for my parents for next Monday and my parents will be bringing the deeds and any other relevant material as well as the letter.

Could anyone advise me what is the best way forward in this case please?

Thanks for looking

Keith
Jonah1156
 
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Postby despair » Wed Apr 06, 2005 12:53 pm

If the wall lies EXACTLY between the 2 properties and sits astride the boundary line then its a shared wall

Since your parents have lived there for 50 years and presumably the wall was there before that the new neighbour is just stirring up trouble by the sounds of things

I suspect he does not like the wall so is using the "list " as an excuse to intimidate your parents

Unless their deeds require them to install and maintain the wall or a fence then their neighbour cant force them to do anything

If the wall truly is dangerous and likely to fall then thats a whole different ballgame ........can you get a GOOD builder to look at it and report on its condition
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Postby Danny » Thu Apr 07, 2005 1:10 am

I always thought it was up to the complainant to prove their case. Have neighbours provided expert evidence showing the wall is dangerous. A tilting wall need not be dangerous. However, I belive there are building regulations, rules, guidelines as to how much a wall can extend, tilt past the centre of the base. ( Dangerous or not, which may only apply to new walls) Try contacting Building Control at your local council office to clarify the regs or ask a brickie. As desperate said, if the wall is dangerous, thats a different ball game.

As for who owns the wall or responsible for its repair, the land registry practice guide states;

"Where the ownership or responsibilty for maintenance of a boundary cannot be determined, that boundary feature is generally best regarded as a party boundary. Any alterations or replacment of the boundary should only be done with the agreement of the adjoining owners"

If agreed, I belive as a party boundary, whoever pays for repair, replacement in the first instance, may be entitled to recover 50% of the costs of the repair, replacement from the other owner.
Danny
 
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