retaining wall.

retaining wall.

Postby rosie2 » Tue Mar 11, 2014 1:37 pm

HI, my problem is my neighbour(we have been at dispute a long time)we are both liable for the retaining wall,i am at the higher level.
I have lived here 28yrs my drive as been the same design all this time,at one time the retaining wall was 9in. it was then built to a single brick 4in to a height of 5 ft.
over 8 yrs ago I has built a 5ft fence, 5in away from boundry wall this was due to constant harassment from neighbour,now ,after several talks with him,he will only agree to a new wall. if I do these three things 1. build to 5ft, 2.certain colour of brick. 3. for me to cover my fence facing their side. then he will allow me to put my fence back once the wall is rebuilt.
the fence is on my land he will not accept this, I find that this is blackmail.where do I stand?
thank you rosie2
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Re: retaining wall.

Postby Hugh Jaleak » Tue Mar 11, 2014 2:12 pm

4" brickwork for a 5' retaining wall seems rather thin, although I would assume strengthening pillars are incorporated at intervals. Could the 'new' wall be built in 9" brickwork, using different facing bricks for each side to suit yours and the neighbours tastes?

Not sure of the purpose of a 5' fence behind a 5' wall, seems to defeat the object somewhat.... However, any fence constructed by you on your side of the boundary is your fence, the neighbour has no say in it (other than the 'good' side must be towards the neighbour). If he doesn't like it then he may take steps to screen it, provided these do not interfere with or rely on your structures for support.
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Re: retaining wall.

Postby MacadamB53 » Tue Mar 11, 2014 4:10 pm

Hi rosie2,

we are both liable for the retaining wall

can you explain what you mean by this statement, and on what basis you know it to be so.

Not sure of the purpose of a 5' fence behind a 5' wall

am I right in thinking the wall is retaining 5' of land?

Kind regards, Mac
Last edited by MacadamB53 on Tue Mar 11, 2014 4:30 pm, edited 1 time in total.
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Re: retaining wall.

Postby despair » Tue Mar 11, 2014 4:44 pm

Since normally the higher land is fully responsible for retaining walls unsure how its shared

i also find it hard to believe a single skin wall even with pillars is adequate as a retaining wall
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Re: retaining wall.

Postby boeingman » Tue Mar 11, 2014 6:26 pm

Hugh Jaleak wrote:other than the 'good' side must be towards the neighbour


A common misconception
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Re: retaining wall.

Postby MacadamB53 » Tue Mar 11, 2014 8:38 pm

Hi Hugh,

the neighbour has no say in it (other than the 'good' side must be towards the neighbour)

This is simply untrue.

Kind regards, Mac
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Re: retaining wall.

Postby rosie2 » Wed Mar 12, 2014 9:24 am

Thanks for all yr replies. It states in the deeds that we are both responsible for the wall.
My neighbour refused to come and speak about the wall,therefore I decided to put the fence up.i did inform him of my intention,i left it 6 months before doing so. I also have read on this site,that its a myth about putting the right side to your neighbour.
all I wish to do is it have a wall strong enough to support my drive,because my neighbour has so many demands,let him do what ever they wish on their side.

kind regards. Rosie.
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Re: retaining wall.

Postby arborlad » Wed Mar 12, 2014 10:31 am

rosie2 wrote:)we are both liable for the retaining wall,i am at the higher level.


Do you know how the height difference came about, was your land raised or the neighbours lowered?
arborlad

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Re: retaining wall.

Postby MacadamB53 » Wed Mar 12, 2014 11:58 am

MacadamB53 wrote:Hi rosie2,

we are both liable for the retaining wall

can you explain what you mean by this statement, and on what basis you know it to be so.

Not sure of the purpose of a 5' fence behind a 5' wall

am I right in thinking the wall is retaining 5' of land?

Kind regards, Mac

Hi Rosie,

I think you might get more informed responses if you answer the above two questions.

I realise you say it says something in the deeds, but all too often some of us are relying on a misunderstanding when we make such statements. Can you post the evidence.

Kind regards, Mac
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Re: retaining wall.

Postby arborlad » Wed Mar 12, 2014 12:29 pm

Hugh Jaleak wrote: (other than the 'good' side must be towards the neighbour).



I prefer the word should to must, otherwise a thoroughly correct statement.
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Re: retaining wall.

Postby MacadamB53 » Thu Mar 13, 2014 9:21 am

Hi arborlad,

I think there's a danger some folk might misinterpret your last post, when read as part of the thread, to mean you think:

the neighbour has no say in it other than the 'good' side should be towards the neighbour

Just flagging my concern to you.

Kind regards, Mac
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Re: retaining wall.

Postby rosie2 » Fri Mar 14, 2014 11:14 am

Hi,
Regarding the deeds,cleans,mend,repair the wall, I ought to have mentioned that we have both had solicitors,surveyor,he even had a barrister,this as not gone anywere to solve the issue. other than take it court which we both don't wish to do.
But its very difficult when he wont accept the fence is on my land. I do listen and take into account all he says but I feel he wants so much it would be easier for him to put something they like at their side.
The height of the wall was built to the level of my drive,the difference in levels is how the properties were built.both drives are narrow.
Many years ago a single wall was built to the height of 5 ft.this is now falling over.
kind regards.
Rosie2.
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Re: retaining wall.

Postby MacadamB53 » Fri Mar 14, 2014 12:18 pm

Hi rosie,

Can you answer the following with a simple yes/no as you keep inadvertently missing out useful info in your descriptions.

1. is the 5 foot wall retaining 5 foot of land (or thereabouts)?
2. is the 5 foot fence stood on top of this retained land?
3. is the 5 foot fence, or it's footings, touching the wall?
4. did you receive planning permission, or confirmation pp wasn't required, for the 5 foot fence?

Kind regards, Mac
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Re: retaining wall.

Postby Hugh Jaleak » Fri Mar 14, 2014 12:21 pm

The wall clearly has to be replaced, for safety reasons as well as to retain your (higher) land. A wall such as this really needs to be 9" brickwork to provide the strength required, and as the neighbour will be seeing most of it then perhaps settling on a choice of facing brick acceptable to both parties is wise? Other methods to retain the ground are available, but cost is going to be an issue and for a domestic garden situation, and the height in question, then a brick wall is the tested and accepted method in my view. If the neighbour wishes to pursue alternative methods then he must be prepared to accept responsibility for the construction and maintenance of such a structure and also foot the bill for any additional costs incurred in such a construction.

Tell him you are prepared to have the wall rebuilt, in 9" brickwork, with a mutually acceptable face to his side of the wall, but he must also accept he has no say over what you choose to do on your property, your side of the boundary. If you choose to put up a fence your side, then I cannot see the neighbour has any say on the matter provided it is compliant with current regulations on height etc, no more than he may tell you what colour to paint the door, what flowers you may grow or who may visit!
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Re: retaining wall.

Postby MacadamB53 » Fri Mar 14, 2014 2:34 pm

Hi rosie,

For the benefit of the thread, and further to my previous post asking for clarity, could you provide answers to:

5. what circumstances prompted the 9" wall needing repair?
6. do you know for certain the full height of the 9" thick wall replaced by a 4" thick wall?
if not
7. could it have been just a few courses at the top?
8. how many courses are "falling over"?
9. have anyone with relevant qualifications told you the wall needs replacing?

Kind regards, Mac
PS you've yet to provide evidence of shared responsibility...
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