raised garden wall collapsing

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Mairb
Posts: 1
Joined: Thu Dec 21, 2017 5:36 pm

raised garden wall collapsing

Post by Mairb » Fri Dec 22, 2017 5:43 pm

Hi
This has been going on for some 7+ years. I have been speaking to the neighbour as the boundry wall has been gradually collapsing. Essentially his garden is approx 3-4 ft higher than mine and the sandstone wall has gradually been shifting, about 5 years ago we propped part of it up with paving stones to protect our garden shed, there was approx a 10 inch gap between paving stones and shed, they are now pushing against the shed. In other parts the sandstone stones have now come completely loose and fallen into the garden.
The neighbour has been making promises over the last 3 years or so to fix the problem, but sadly recently died. His family are about to put the property on the market, and before seeking legal advice was hoping to get some basic information here. I hope someone can spare a few moments to help with this (the property is in England) and explain our rights
Thanks
:-)

mr rusty
Posts: 11
Joined: Fri May 11, 2018 3:28 pm

Re: raised garden wall collapsing

Post by mr rusty » Mon Jun 24, 2019 7:16 pm

If they are wanting to sell you have leverage. Just say to them get it fixed, or you will declare a formal boundary dispute with the land registry to start the process to determine the boundary because the moving wall is obviously invading your land, which will come up on the searches and stall their sale with any mortgage company. You probably don't actually need to do this - just the threat should be enough.

SJC14
Posts: 100
Joined: Wed Nov 01, 2017 2:23 pm

Re: raised garden wall collapsing

Post by SJC14 » Tue Jun 25, 2019 9:45 am

mr rusty wrote:
Mon Jun 24, 2019 7:16 pm
If they are wanting to sell you have leverage. Just say to them get it fixed, or you will declare a formal boundary dispute with the land registry to start the process to determine the boundary because the moving wall is obviously invading your land, which will come up on the searches and stall their sale with any mortgage company. You probably don't actually need to do this - just the threat should be enough.
Totally agree - but the original question was in 2017, so I assume will have sold by now.

FilthWizzard
Posts: 82
Joined: Wed Aug 15, 2018 2:00 pm

Re: raised garden wall collapsing

Post by FilthWizzard » Tue Jun 25, 2019 10:22 am

SJC14 wrote:
Tue Jun 25, 2019 9:45 am
mr rusty wrote:
Mon Jun 24, 2019 7:16 pm
If they are wanting to sell you have leverage. Just say to them get it fixed, or you will declare a formal boundary dispute with the land registry to start the process to determine the boundary because the moving wall is obviously invading your land, which will come up on the searches and stall their sale with any mortgage company. You probably don't actually need to do this - just the threat should be enough.
Totally agree - but the original question was in 2017, so I assume will have sold by now.
If the solicitor involved is anything like the one I used, there's every chance any sale could still be grinding on...

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