retaining wall.

Re: retaining wall.

Postby rosie2 » Sat Mar 15, 2014 9:32 am

Hi, Mac.

1. yes.
2. no.
3.no,
4.wasnt needed.

Thanks Rosie.
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Re: retaining wall.

Postby MacadamB53 » Sun Mar 16, 2014 1:22 am

Hi rosie,

Thanks for the responses.

So the fence really has nothing whatsoever to do with him.

Can you also answer Nos 5 to 9?

Kind regards, Mac
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Re: retaining wall.

Postby rosie2 » Sun Mar 16, 2014 11:44 am

Hi Mac.
1. yes.
2. no.
3.no.
4.not needed.

Thanks Rosie.
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Location: west yorkshire

Re: retaining wall.

Postby MacadamB53 » Sun Mar 16, 2014 8:55 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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Re: retaining wall.

Postby rosie2 » Mon Mar 17, 2014 10:48 am

Hi Mac,
5. the wall is 9in underneath but single brick to the height of 5ft,started needing repair about 9-10 yrs ago.
6.the wall as never been replaced,just built on top, the wall starts from nothing then peters up to around 3ft in the middle then goes down again.
7.no.
8.some courses have already been taken down by neighbour,but its still about 4ft high at the bottom,its along drive.
9.surveyors,but its quite plain to see that it needs replacing.

the walls and fences which shall separate the property hereby conveyed from the adjoining property of the vendor or its successors in title and any roofs spouts fallpipe chimney stack gutter and drains which shall hereafter be used for any building to be erected on the property hereby conveyed and any such adjoining property shall be mesne or party walls fences roofspouts fallpipes chimney stacks gutters and drains and shall thenceforth be so used cleansed maintained and repaired accordingly
.
if any dispute or question shall arise between the parties hereto either of them and the owner or owners of adjoining property now or formerly belonging to the vendor as to boundaries such disputes or question shall be settled by the vendor or its architect whose decision shall be final and binding.

these people no longer exist. the two above are copied from my deeds.

Many thanks Rosie.
rosie2
 
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Re: retaining wall.

Postby MacadamB53 » Mon Mar 17, 2014 12:08 pm

Hi rosie,

I'm going to take a couple of punts:
your house is a semi or terrace?
the retaining wall runs between you and a neighbour who's house isn't attached to yours?

Am I right on both counts?

The first extract from your deeds is more likely IMHO to have been drawn up by the owner of your entire semi/terrace before selling each part off and concerns the walls, fences, pipes, etc which run between/down/over your house and the one joined on.

The second extract is not an extension of the first - it is a separate point about a different matter.

Kind regards, Mac
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Re: retaining wall.

Postby rosie2 » Mon Mar 17, 2014 3:11 pm

Hi Mac,
Yes right, semi.
Thought you might be interested in the second paragraph.
Kind Regards.
Rosie2.
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Re: retaining wall.

Postby MacadamB53 » Mon Mar 17, 2014 3:19 pm

Hi rosie,

the walls and fences which shall separate the property hereby conveyed from the adjoining property of the vendor or its successors in title and any roofs spouts fallpipe chimney stack gutter and drains which shall hereafter be used for any building to be erected on the property hereby conveyed and any such adjoining property shall be mesne or party walls fences roofspouts fallpipes chimney stacks gutters and drains and shall thenceforth be so used cleansed maintained and repaired accordingly

Who has advised you this entry on your registers concerns the wall in question?
How did they evidence this for you?

Kind regards, Mac
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Re: retaining wall.

Postby rosie2 » Mon Mar 17, 2014 3:30 pm

Hi Mac,
When I went to the solicitor I showed him the deeds,he informed me that we are both responsible,i think neigbours said the same he as quoted it at me.
Do you mean as showing me? if so no.

kind regards.
Rosie.
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Re: retaining wall.

Postby MacadamB53 » Mon Mar 17, 2014 4:24 pm

Hi rosie,

the walls and fences which shall separate the property hereby conveyed from the adjoining property of the vendor or its successors in title

It's the bit in bold I would have expected to have needed investigating, unless the location/address of 'the adjoining property' is already mentioned in the wording just before the bit you've copied.

Furthermore:

...which shall hereafter be used for any building to be erected on the property hereby conveyed and any such adjoining property

I'd be asking for the bit in bold to be explained, because (from what you've described) your building isn't necessarily "using" the wall.

Kind regards, Mac
PS In other words, the entry might have nothing to do with that side of your property. Ditto the entry on his register.
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Re: retaining wall.

Postby rosie2 » Tue Mar 18, 2014 9:49 am

Hi Mac,
Thank you I shall look into what you have written.You have been very helpful.

Would it seem then that I am responsible for the up keep of the wall? I do hope so.

Kind regards.
Rosie.
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Location: west yorkshire

Re: retaining wall.

Postby MacadamB53 » Tue Mar 18, 2014 10:16 am

Hi rosie,

If the entry doesn't relate to the wall then ownership depends on which property shifted the earth.
I'm not sure how it's decided if earth was shifted so both buildings could be erected.

Ask your solicitor if it gets that far.

Kind regards, Mac
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Re: retaining wall.

Postby rosie2 » Tue Apr 22, 2014 10:37 am

Hi Mac,
In reply to March thread,have been to solicitor,he informs that's the wall is a party wall.
I have the party wall act booklet of 1996. but it doesn't seem to answer my questions below.

could I do work on my drive to stop it falling over,onto their drive?
want would happen if the boundry wall went over to?
would I have to give notice before I started work on my drive.?

Kind Regards rosie.
rosie2
 
Posts: 24
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Location: west yorkshire

Re: retaining wall.

Postby MacadamB53 » Tue Apr 22, 2014 11:09 am

MacadamB53 wrote:Hi rosie,

the walls and fences which shall separate the property hereby conveyed from the adjoining property of the vendor or its successors in title

It's the bit in bold I would have expected to have needed investigating, unless the location/address of 'the adjoining property' is already mentioned in the wording just before the bit you've copied.

Furthermore:

...which shall hereafter be used for any building to be erected on the property hereby conveyed and any such adjoining property

I'd be asking for the bit in bold to be explained, because (from what you've described) your building isn't necessarily "using" the wall.

Kind regards, Mac
PS In other words, the entry might have nothing to do with that side of your property. Ditto the entry on his register.

Hi rosie,

did your solicitor provide you with evidence that the property on the other side of the wall was owned by the original vendor of your property at the time when the covenant was created?

if not, then on what basis did they establish the wall is a party wall?

Kind regards, Mac
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Re: retaining wall.

Postby rosie2 » Tue Apr 22, 2014 11:28 am

Hi Mac,
Not sure what you mean by convenant,i think its a clause to do with land being held to subject?
My neigbours have been in property since they were built,like my late husband.

Solicitor states the deeds which says all walls are mense walls.
Kind regards.
Rosie.
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Posts: 24
Joined: Mon Oct 11, 2010 8:00 pm
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