Boundary retaining wall with very high brick fence

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Duebysunday
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Boundary retaining wall with very high brick fence

Post by Duebysunday »

Hello, I am new to this board and have seen a lot of very useful advice given here so I hope to tap into the knowledge here.

I have boundary retaining wall issue with my neighbour: I own property B and he owns property C. All the properties were built in the 1930s at the same time by the same builder. Property C sits higher on the hill than my property B so that the retaining wall retains the land of property C. The boundary retaining wall between my property B and the neighbour's property C has upon it an 8-10ft brick wall/fence that is now in such a state of disrepair it poses a danger to life (confirmed by a surveyor).

In my title deeds it says that facing the property when in the back garden, I should maintain the north and west boundaries. North would be the retaining wall and fence to the left that separates my property B from the other neighbour (let's call them property A). For all the other properties along that row (save for property C), their title deeds say the same - maintain north and west, where west is the back that boundaries with the neighbours at the end of the garden. However, in the title deeds for C, it does not say anything about maintaining north. There is nothing unusual about property C to warrant this and I am assuming it must be an error.

We approached the neighbour of property C but he is being difficult and I am wondering what should be our next step here and what are the likely solutions to this issue. 1. It is a boundary retaining wall (with another wall built on top of it which is about to kill someone if it falls and one of us have the misfortune of being in the garden at the time). As the wall retains his land and there has been no excavating or messing about (eg flattening) with the land/garden on either side, I assume that he is responsible for it; and 2. Based on what the other title deeds say and my own title deed which gives me responsibility for north and west and not the one in question (ie, the one between me and neighbour C), I assume again that he is responsible.

What are your thoughts and advice on this. It is dangerous and really needs to be dealt with asap. Thanks in advance.
Duebysunday
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Re: Boundary retaining wall with very high brick fence

Post by Duebysunday »

I’ve posted also in the Boundaries forum.

In case it helps with clarification, the wording in my title deeds say

“... the land transferred was expressed to include the site of the fence on the north side and the hedge on the west side”

The north is me facing the back of the house in the garden and the west would be to my back. I hope this makes sense.
cleo5
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Re: Boundary retaining wall with very high brick fence

Post by cleo5 »

Well!
It dors make sense in a way.
But if you could draw a little diagram of your house and neighbour c and put in n s e and west from your back garden
and put it on here. It would be easier.
(I am in similar position neighbour higher and stone wall hedged separating us. He is some Six foot higher but the boundary is mine.
The wall was originally built from my side as had an earth baank heapedupmy side.)
I do not think the boundary beween you and c is yours to maintain if you already have to maintain the one on your other side.

Itis not always the case that the higher built property has to bear the cost of repair of the supporting boundary wall
.
However if you are worried about the wall falling ge tyour solicitor to write to the owner of house c warning that it is in need of repair and see what happens.
C owner may want you to share the cost!
If so and if you feel happier about it agree to do this...even if you are not obliged to.
Unless c can be persuaded to pay for demolition of dangerous bit and repair I cannot see what other option you have.
Can the dangerous bit be removed and still leave enough to retain earth?
Duebysunday
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Re: Boundary retaining wall with very high brick fence

Post by Duebysunday »

Thanks Cleo

My very amateurish drawing is below:
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MacadamB53
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Re: Boundary retaining wall with very high brick fence

Post by MacadamB53 »

Hi Justtheway,

please stick to one thread to avoid confusion.

everything you’ve posted here so far is already on your other thread.

kind regards, Mac
MacadamB53
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Re: Boundary retaining wall with very high brick fence

Post by MacadamB53 »

cleo5 wrote: Wed Dec 09, 2020 1:48 pm Well!
It dors make sense in a way.
But if you could draw a little diagram of your house and neighbour c and put in n s e and west from your back garden
and put it on here. It would be easier.
(I am in similar position neighbour higher and stone wall hedged separating us. He is some Six foot higher but the boundary is mine.
The wall was originally built from my side as had an earth baank heapedupmy side.)
I do not think the boundary beween you and c is yours to maintain if you already have to maintain the one on your other side.

Itis not always the case that the higher built property has to bear the cost of repair of the supporting boundary wall
.
However if you are worried about the wall falling ge tyour solicitor to write to the owner of house c warning that it is in need of repair and see what happens.
C owner may want you to share the cost!
If so and if you feel happier about it agree to do this...even if you are not obliged to.
Unless c can be persuaded to pay for demolition of dangerous bit and repair I cannot see what other option you have.
Can the dangerous bit be removed and still leave enough to retain earth?
best respond on the OP’s other thread - this is a duplicate
arborlad
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Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Boundary retaining wall with very high brick fence

Post by arborlad »

MacadamB53 wrote: Wed Dec 09, 2020 9:48 pm Hi Justtheway,

please stick to one thread to avoid confusion.

everything you’ve posted here so far is already on your other thread.

kind regards, Mac
arborlad

smile...it confuses people
arborlad
Posts: 8976
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Boundary retaining wall with very high brick fence

Post by arborlad »

arborlad wrote: Sat Jan 09, 2021 3:00 pm
MacadamB53 wrote: Wed Dec 09, 2020 9:48 pm Hi Justtheway,

please stick to one thread to avoid confusion.

everything you’ve posted here so far is already on your other thread.

kind regards, Mac



..............you are fast becoming a pest with your multiple threads :roll:
arborlad

smile...it confuses people
IdefixUK
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Re: Boundary retaining wall with very high brick fence

Post by IdefixUK »

"Smile, it confuses people "
Well I'm well confused, who is "Justtheway"?
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