Boundary/Retaining Wall

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Putty12
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Joined: Wed Nov 30, 2022 10:47 am

Boundary/Retaining Wall

Post by Putty12 »

I live in a detached house and there is a retaining wall(with fence on top) separating my property and the adjoining owner's garden(a pub and restaurant) .  The wall is built into my property and away from the pub's building. We have plans to build a rear extension at the back of the house but was advised by the structural engineer the retaining wall was in bad shape and there is a high likelihood it might collapse when we start digging the foundation for the extension. The wall is leaning and has a  lot of unsightly efflorescence on their side. To avoid delays, we decided we'd take on the full cost of replacing the wall. We reached out to the pub and they made it clear they could not grant access until the end of summer as their customers use the garden a lot during summer and also requested a party wall agreement be in place. We got surveyors involved and a party wall act was agreed and signed. We paid for both surveyors.

During the condition of survey, my surveyor had mentioned the wall was not at the boundary and requested we both send our deeds. Upon reviewing my deed, he confirmed our boundary extended to the pubs garden and the current position of the wall isn't the boundary. The pub didn't submit their deed even after several ask for them to do so and to avoid delays, we agreed we'd build the wall to flush with the house(this still left us with about 2m of land of the pubs garden which we were happy to let go as we didn't want to get into boundary disputes)
They have harassed our builders from the day the job started, stating we're digging the foundation into their land and trespassing on their land and we must stop all work until the boundary is resolved. They have now said they own the wall and want us to remove the wall and reinstate back to its previous state(the wall is being built higher as part of the extension wall)
I have extracted my deed wording(screenshot attached with some images of the wall). The wall is built into my property. I am on higher ground

I have reached out to a solicitor and waiting to hear back. In the meantime, i'd want some advise on where we stand.

Thanks
Collaborate
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Re: Boundary/Retaining Wall

Post by Collaborate »

We'd need much more detail, and to be honest you've got a surveyor involved so they are best placed to advise you.

The wording needs to be looked at together with the plan. What is on the ground is as important (if not moreso) than lines drawn on a plan.
Putty12
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Joined: Wed Nov 30, 2022 10:47 am

Re: Boundary/Retaining Wall

Post by Putty12 »

Adding some images for context
Putty12
Posts: 3
Joined: Wed Nov 30, 2022 10:47 am

Re: Boundary/Retaining Wall

Post by Putty12 »

Collaborate wrote: Thu Dec 01, 2022 11:06 am We'd need much more detail, and to be honest you've got a surveyor involved so they are best placed to advise you.

The wording needs to be looked at together with the plan. What is on the ground is as important (if not moreso) than lines drawn on a plan.
- What additional details would you want me to provide?
arborlad
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Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Boundary/Retaining Wall

Post by arborlad »

Putty12 wrote: Thu Dec 01, 2022 11:16 am
Collaborate wrote: Thu Dec 01, 2022 11:06 am We'd need much more detail, and to be honest you've got a surveyor involved so they are best placed to advise you.

The wording needs to be looked at together with the plan. What is on the ground is as important (if not moreso) than lines drawn on a plan.
- What additional details would you want me to provide?




What age are the respective properties, the pub and the house? Can you tell from the lie of the land (or ask the surveyor/s) how the height difference came about?
arborlad

smile...it confuses people
Collaborate
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Re: Boundary/Retaining Wall

Post by Collaborate »

Putty12 wrote: Thu Dec 01, 2022 11:16 am
Collaborate wrote: Thu Dec 01, 2022 11:06 am We'd need much more detail, and to be honest you've got a surveyor involved so they are best placed to advise you.

The wording needs to be looked at together with the plan. What is on the ground is as important (if not moreso) than lines drawn on a plan.
- What additional details would you want me to provide?
Assuming your property is plot 8, can you identify by reference to the plan the wall the subject of the dispute?
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