Boundary wall question

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Frosty04
Posts: 2
Joined: Thu Nov 14, 2013 11:27 am
Number of Posts per Page: 10

Boundary wall question

Post by Frosty04 »

Hi all,

Hoping someone can be of help here of what we should do next with regard to a boundary wall (it hasn't quite turned into a "dispute" yet but its heading that way!! LOL)

Earlier this year the wall in our back garden (to the left as we look out if that makes any difference) was cracked all the way along and the decorative top parts looked ready to fall off. Our neighbour contacted us to say our tree - which is positioned in the left hand corner of our garden - quite a way from the wall - was causing the cracks in the wall and we needed to pay for the repair. At first we took his word and looked into getting it sorted - but then on closer inspection I noticed that the cracks were really far up the wall and they went ALL the way along the wall which stretches across the boundary. I also noticed that his front garden walls had similar cracks. Anyway we got a 2 gardeners, a builder and then in the end a tree surgeon to come in and look - all said it was nothing to do with the tree. The builders explained the wall was too high and too narrow and had no "roots' as it were so it has literally just toppled. The wall was actually built by our neighbours predecessor - rather than by my partners parents (the neighbour has lived in his property for about 5 years - we live in this house which used to belong to my partner's parents so the family has lived here since the 50's so its been a while!). We contacted our neighbour to let him know and heard nothing back after repeated requests to speak in person about it.

Whilst we were on holiday we get a text to say the wall had toppled (conveniently when we weren't there) and we needed to get it fixed. Again we tried to contact him (he no longer lives at the address as his wife and him now separated and his wife who remains doesn't speak very good English) but no reply - this is something we wanted to do face to face rather than over SMS!! We got another text today from him (about a month after we tried to get hold of him) saying we needed to get it sorted. When we replied (again) to say the tree wasn't at fault and the wall was built by the people who lived there before him - he then tells us that the 'plans' show its in our boundary so we are responsible and he doesn't care who built it before.

I went to the land registry site and downloaded the title plans for both his and our property.. There is no 'T' in either side of the plans so how can he say this? It seems clear to me that there is nothing to say its either one or the other.. The fact the guy before him built it suggests to me that it was decided that the wall was his - or am I wrong? We are trying to resolve this as best we can without arguments but I'm starting to think this guy is trying to fob us off. We were prepared to go halves on it but he is trying to push it all onto us. Should I ask him to produce these plans that show this? If there is no boundary markings would you say he is liable as the wall was built by his predecessor?

Many thanks!
despair
Posts: 16646
Joined: Mon Mar 14, 2005 7:07 am

Re: Boundary wall question

Post by despair »

If the wall was built by his predescessorvand theres nothing on any plans which shows it as yours then yes tell him its his problem

suggest you check all your insurances , mortgages,credit cards, union memberships for legal expenses cover just in case he gets nasty
Frosty04
Posts: 2
Joined: Thu Nov 14, 2013 11:27 am
Number of Posts per Page: 10

Re: Boundary wall question

Post by Frosty04 »

Ahh as I thought! I will definitely be asking him to produce these "plans" he has seen that shows it belongs to us.. is there a way of telling if someone has written a 'T' in red biro I am wondering..? ha ha!

Thanks for your reply
Land Registry rep
Posts: 56
Joined: Wed Jun 27, 2012 11:28 am

Re: Boundary wall question

Post by Land Registry rep »

The T marks you refer to would not normally appear on the title plans.

Such markings invariably appear in older deeds/documents referred to on the register itself or refererd to in register extracts with the affected boundaries explained away in an accompanying Note to the extract.

However there are no hard and fast rules to this and no guarantee that the registered information will refer to T marks as well.

Our online FAQ explains this further http://www.landregistry.gov.uk/public/f ... a-property

As you mention it is often best to reach an agreement if you possibly can. I have seen numerous threads on forums which also refer to disputes being both stressful and costly whilst also having an impact on efforts to sell in the future.
robj191269
Posts: 316
Joined: Sun May 08, 2005 6:12 pm
Location: Hampshire

Re: Boundary wall question

Post by robj191269 »

take the bull by the horns and install the following in the place of the wall.....

http://www.screwfix.com/p/fencing-pins- ... f-10/32108

with appropriate barrier tape it will look funky too.
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