Can you unilaterally seek solution to boundary ownership?

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Duebysunday
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Can you unilaterally seek solution to boundary ownership?

Post by Duebysunday »

I have a question about whether a person can, without support from a neighbour, clarify their land registry deed to say they are not responsible for a particular retaining wall.

The reason for my question is that I’m in the process of purchasing a property and the deeds are silent about who owns the retaining wall that separates the two properties. The deeds of the property I’m purchasing says it is responsible for the boundary to its right (when facing the house from the front). If I did buy the property, would I be able to unilaterally prove that the retaining wall is not mine and get this recorded at the land registry or would it always be the case that both parties have to fight it out legally to prove ownership?

The neighbour isn’t willing to sort out a problem with a brick fence, which he admits to erecting, so I don’t suppose he would willing admit to having ownership of the retaining wall. All houses in that row were built at the same time and the neighbour’s house is higher in the hill.

I’ve received advice on a separate thread about another issue relating to this but this new thread is different.
Last edited by Duebysunday on Tue Jan 12, 2021 12:54 pm, edited 1 time in total.
despair
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Re: Can you unilaterally seek solution to boundary ownership?

Post by despair »

I understand responsibility can rest on whether the land for your house was lowered or the neighbours land was raised

Normally responsibility rests with the person whose land is retained by a retaining wall

If the neighbour whose land is higher is refusing to deal with a questionable retaining wall i would run like hell from the purchase
cleo5
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Re: Can you unilaterally seek solution to boundary ownership?

Post by cleo5 »

Well If this problem wall is going to stress you in the future then why buy it.?
There are heaps of houses out there, somewhere, that have boundaries well defined, nice neighbours, well kept fences and walls, no retaining walls or intruding consevatories, and no ROW, or shared drives ....and have deeds all straightforward and easily understood!
I said " somewhere".
Do not buy a property when you have problems with it before you buy unless you are a builder , a pacifist or have an unlimited budget.
And sorry, I don,t know the answer to your question . your conveyancing solicitor might know or might not.
Duebysunday
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Re: Can you unilaterally seek solution to boundary ownership?

Post by Duebysunday »

I take what is said about running away very seriously. It is sound advice.

My view is that I could purchase a house where everything seems fine but still end up with nightmare neighbours. The way out of these situations if neighbourly relations fail is a legal one. It is better then to have a clear legal position to fall back on. I’m not asking about entering a legal battle but whether one can unilaterally get this clarified given the convention about retaining walls. On the surface, it appears that the house I’m purchasing is in the right. No levelling of the ground and the neighbour is higher on the hill.

Nothing is built to last forever and I know this will come up either in my lifetime or that of my children. I would want to clarify ownership. Whether the neighbour fixes problems is another matter.

It’s a shame that neighbours can bully others in this way. The law and land registry should provide a better and cheaper route to redress. The amount of stress and money these issues cost is phenomenal as evident from the many threads in here.

But indeed walking away takes away all this headache.
cleo5
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Re: Can you unilaterally seek solution to boundary ownership?

Post by cleo5 »

I absolutely agree with you that h law and LR should have a better provision for redress for such issues.
Having to take a matter to court is out of the question for those with smaller incomes and who are put in difficult situations by the greed and ignorance or selfishness of others.

You need a home you can be at peace in. If something worries you you need to remedy it if possible.
The wall worries you so either take out good insurance coverring all aspects of your house and garden including this wall and go ahead....or back away.
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