Boundary retaining fence - level of neighbour grdn higher

Boundary retaining fence - level of neighbour grdn higher

Postby alexjames » Wed Nov 26, 2014 10:02 pm

Hi there all

Does anyone know who's responsibility it is to erect a fence/retaining wall when the neighbours land is higher than ours. So in effect their garden will fall into our garden if this work is not carried out.

Would appreciate your thoughts on this.

Many thanks

Alex
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Re: Boundary retaining fence - level of neighbour grdn highe

Postby stufe35 » Wed Nov 26, 2014 10:49 pm

Is it their garden that is higher, or your garden that is lower, than original ground level ?
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Re: Boundary retaining fence - level of neighbour grdn highe

Postby MacadamB53 » Thu Nov 27, 2014 12:44 am

Hi alex,

Does anyone know who's responsibility it is to erect a fence/retaining wall

the short answer is "nobody".

if a fence/retaining wall already exists then identifying whose property it stands on will help if the fence/wall caused damage to another person's property.
but one can leave one's property to deteriorate if one chooses regardless of the obvious consequences.

it is also worth explaining that if there is a retaining wall between two properties then either property owner can repair/maintain it regardless of who owns the land it stands on:

1.1 wall stands on higher Property A so Mr A can do as he likes with his wall
1.2 wall stands on higher Property A so Mr B can exercise his right to allow his property to continue to benefit from the wall keeping the land of Property A at bay
2.1 wall stands on lower Property B so Mr B can do as he likes with his wall
2.2 wall stands on lower Property B so Mr A can exercise his right to allow his property to continue to benefit from the support the wall affords his land
3.1 the wall straddles the boundary so stands on both Properties - Mr A and Mr B both own some of the wall...

hope this makes sense, Mac
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Re: Boundary retaining fence - level of neighbour grdn highe

Postby alexjames » Sat Nov 29, 2014 11:24 am

Hi Mac

Thank you very much for taking the time to reply with such detail. It is appreciated.

Regards

Alex
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