Help please

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elvina
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Help please

Post by elvina »

Along the boundary between my Dad's house and next door we had a wall. Without seeking written approval the neighbours took the wall down. They say that the wall fell down but my Dad said that they took it down. They were wanting to build an extension onto the side of their house at the time. They now want to put it back up and want us to pay half, ie over £700. The wall is only the length of my Dad's garage which isnt massive and then the rest of the boundary is fence. I suggested that fence would be cheaper but they said that "to change from brick to fence may cause legal issues" but didnt say what. When I say that they want to put the wall back up, at the moment the wall is about 7 bricks high, it was probably about 14 bricks high. They are wanting to take down the remaining bricks and dig out new foundations and start from scratch which seems rather silly to me. Any advice would be very much appreciated.

Many thanks
MacadamB53
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Re: Help please

Post by MacadamB53 »

Hi elvina,

step one: establish who owns the wall, ie on who’s land does it stand

there are three possibilities - 1. it is on next door’s land; 2. it is on your dad’s land; 3. it straddles the boundary so is part-owned by both

step two: owner(s) deal with it how they want

if they own it, they can knock it down and rebuild as desired - at their expense

if your dad owns it, he can leave it be or replace with fence - at his expense

if it’s shared it gets trickier - both parties must agree upon any change to the status quo

kind regards, Mac
cleo5
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Re: Help please

Post by cleo5 »

And if the wall is owned by your father then neighbour is guilty of criminal damage and must replace it at his own expense in reparation.

Donot let your father pay anything.
Neighbour knocked it down so he can rebuild it.

To say a fence would cause legal issues is rubbish .
Neighbouring fences or walls are a choice not an obligation unless there is a restrictive covenant written into the conveyance.
elvina
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Re: Help please

Post by elvina »

Thanks for the replies. We have checked deeds and it seems that its a boundary wall/fence. Half of it is fence and then the offending area is wall.

They have come up with 2 quotes to do the work so we have arranged for someone else, arranged by us, to give us a quote as their quote seems absurd. I have also asked for a quote for a fence instead of wall as half of it is fence anyway.

If the fence is cheaper do you all think that we should offer to pay half the cost of the fence and if they want wall back up tell them that they can do that but we will only pay half of the cost of the fence so they would be responsible for the extra cost?

Thanks

Elvina
MacadamB53
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Re: Help please

Post by MacadamB53 »

Hi elvina,

We have checked deeds and it seems that its a boundary wall/fence.

please elaborate what you mean by “seems” as I’m not sure I follow...

can you share the wording that you found when you “checked deeds”?

kind regards, Mac
elvina
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Re: Help please

Post by elvina »

There is no marking on the deeds to show which belongs to who. I have been told that if the wall/fence belongs to a particular person it would be marked. Thanks
MacadamB53
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Re: Help please

Post by MacadamB53 »

elvina wrote: Tue Jul 21, 2020 2:10 pm There is no marking on the deeds to show which belongs to who. I have been told that if the wall/fence belongs to a particular person it would be marked. Thanks
you’ve been told wrong - you need to read the wording of the deed rather than look at what has been drawn on the plan

see if there’s any mention of boundary features - walls/fences - in there...

kind regards, Mac
SwitchRich
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Re: Help please

Post by SwitchRich »

Are you able to post the text of your deed and maybe picture? It always seems to help the forum when they know all the details.
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