Wobbly Wall

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DANNYDOG
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Joined: Tue May 16, 2023 12:37 pm

Wobbly Wall

Post by DANNYDOG »

Hi All,

The usual problem, My neighbour has a wall 6ft concrete that retains some of his garden at the bottom and then is the boundary to our properties.

They have put a fence up on the inside so he doesnt have to look at it as it is so ugly and old.

Two years ago I invited them round to look as it is falling apart and is loose and wobbles in the wind.

They said we dont care not doing anything.

Again I have invited then around as now it is really wobbly. I make an effort not to walk past it.

I have been told they wont do anything.

My question is what happens if it falls and injures someone? ie me.

How do I encourage them to sort it Id rather not get a solicitor should I contact my insurers would they get them motivated? or the local council?

Thanks for your help.
Collaborate
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Re: Wobbly Wall

Post by Collaborate »

How sure are you that they built the wall to hold back their land, and it wasn’t your predecessors in title who lowered your land and so built the wall to comply with the duty to support neighbouring land?
DANNYDOG
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Joined: Tue May 16, 2023 12:37 pm

Re: Wobbly Wall

Post by DANNYDOG »

Morning,
No all the houses are at the same height they built it up for their garden features and shed base and new fence so it was higher.
ukmicky
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Re: Wobbly Wall

Post by ukmicky »

Collaborate wrote: Wed May 17, 2023 6:28 pm How sure are you that they built the wall to hold back their land, and it wasn’t your predecessors in title who lowered your land and so built the wall to comply with the duty to support neighbouring land?
it would make no difference either way.

If the OPs predecessors lowered their land and built the wall. The obligation to maintain does pass on to successors in title .

And if the lateral support was removed without permission the cause of action was against the the OPs predecessors not the OP .
Any information provided is not legal advice and you are advised to gain a professional opinion
Collaborate
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Re: Wobbly Wall

Post by Collaborate »

ukmicky wrote: Sat May 20, 2023 11:16 pm
Collaborate wrote: Wed May 17, 2023 6:28 pm How sure are you that they built the wall to hold back their land, and it wasn’t your predecessors in title who lowered your land and so built the wall to comply with the duty to support neighbouring land?
it would make no difference either way.

If the OPs predecessors lowered their land and built the wall. The obligation to maintain does pass on to successors in title .

And if the lateral support was removed without permission the cause of action was against the the OPs predecessors not the OP .
Are you sure you intended to post this? Not really relevant to OP as it seems clear the neighbours are under a duty to retain the land they raised, but as you say correctly in the first part any successors in title would continue to be obliged to maintain a retaining wall built when their land was lowered, so removal of that retaining wall would be a breach of that obligation actionale in law.

OP's wall has not been removed. It is merely failing, which in and of itself needs to be remedied by the neighbours.
DANNYDOG
Posts: 3
Joined: Tue May 16, 2023 12:37 pm

Re: Wobbly Wall

Post by DANNYDOG »

Thank you all, It is indeed their wall and tier actions that are making it unstable but how do I encourage them to repair it they wont I dont have funds or ability to do it my self and am getting worried about it falling. I cant afford a solicitor so any suggestions to who to call?

Thanks
Collaborate
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Re: Wobbly Wall

Post by Collaborate »

Look and see if your house insurance gives you legal cover.
ukmicky
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Re: Wobbly Wall

Post by ukmicky »

Collaborate wrote: Sun May 21, 2023 12:39 pm
ukmicky wrote: Sat May 20, 2023 11:16 pm
Collaborate wrote: Wed May 17, 2023 6:28 pm How sure are you that they built the wall to hold back their land, and it wasn’t your predecessors in title who lowered your land and so built the wall to comply with the duty to support neighbouring land?
it would make no difference either way.

If the OPs predecessors lowered their land and built the wall. The obligation to maintain does pass on to successors in title .

And if the lateral support was removed without permission the cause of action was against the the OPs predecessors not the OP .
Are you sure you intended to post this? Not really relevant to OP as it seems clear the neighbours are under a duty to retain the land they raised, but as you say correctly in the first part any successors in title would continue to be obliged to maintain a retaining wall built when their land was lowered, so removal of that retaining wall would be a breach of that obligation actionale in law.

OP's wall has not been removed. It is merely failing, which in and of itself needs to be remedied by the neighbours.
Yes , I intended to post it In response to your post where you said

How sure are you that they built the wall to hold back their land, and it wasn’t your predecessors in title who lowered your land and so built the wall to comply with the duty to support neighbouring land?
Any information provided is not legal advice and you are advised to gain a professional opinion
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