Legal obligation to maintain a boundary

Legal obligation to maintain a boundary

Postby Shoeingsmith » Wed Nov 08, 2017 4:28 pm

What are the legal obligations to maintain a boundary feature that you own if there are no repair and maintenance covenants in the Register requiring you to do so?

The boundary feature in question is a wall that borders a neighbours property - i.e does not border a public road, river, open space, etc.
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Re: Legal obligation to maintain a boundary

Postby SwitchRich » Wed Nov 08, 2017 5:12 pm

What are you trying to achieve? That the neighbour helps you maintain the wall or whether you can refuse a neighbour who wants you to help maintain the wall?
Whose wall is it? Does it sit entirely on your land? Or is it a boundary feature between both your properties? More info needed here.
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Re: Legal obligation to maintain a boundary

Postby stufe35 » Wed Nov 08, 2017 5:33 pm

My understanding is that there are no obligations for you to maintain a boundary feature you own, eg you could just take it down. However you are responsible in as much as if it fell or blew down and caused damage or injury to a third party which was found to be due to your failure to maintain it you could be liable.
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Re: Legal obligation to maintain a boundary

Postby MacadamB53 » Wed Nov 08, 2017 6:46 pm

stufe35 wrote:My understanding is that there are no obligations for you to maintain a boundary feature you own, eg you could just take it down. However you are responsible in as much as if it fell or blew down and caused damage or injury to a third party which was found to be due to your failure to maintain it you could be liable.
+1
and this would also be the case if there were covenants demanding repairs/maintenance and you are not the original party to the convening - because the law has established that these kinds of covenants do not pass with the land
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