Boundary wall adjoining public highway

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carnivalboy
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Boundary wall adjoining public highway

Post by carnivalboy »

We live in one of a row of terraced houses that are built on higher ground above a road. Am I correct in believing that we are responsible for maintaining the retaining wall between the property and the pavement/road, rather than the council or highways agency?

You can see the Google streetview here
https://www.google.com/maps/@52.2035252 ... 312!8i6656

There is nothing mentioned in the deeds.
Collaborate
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Re: Boundary wall adjoining public highway

Post by Collaborate »

First port of call is you look at what your deeds say. Download a copy from the land registry and post any relevant wording here.
MacadamB53
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Re: Boundary wall adjoining public highway

Post by MacadamB53 »

carnivalboy wrote: Thu Mar 04, 2021 5:33 pm We live in one of a row of terraced houses that are built on higher ground above a road. Am I correct in believing that we are responsible for maintaining the retaining wall between the property and the pavement/road, rather than the council or highways agency?

You can see the Google streetview here
https://www.google.com/maps/@52.2035252 ... 312!8i6656

There is nothing mentioned in the deeds.
the law presumes (considers as fact in absence of evidence to the contrary) that a property which abuts a public highway includes the soil of the highway up to the mid point.

it therefore follows that the wall stands on your land.

kind regards, Mac
Collaborate
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Re: Boundary wall adjoining public highway

Post by Collaborate »

MacadamB53 wrote: Fri Mar 05, 2021 8:34 am
carnivalboy wrote: Thu Mar 04, 2021 5:33 pm We live in one of a row of terraced houses that are built on higher ground above a road. Am I correct in believing that we are responsible for maintaining the retaining wall between the property and the pavement/road, rather than the council or highways agency?

You can see the Google streetview here
https://www.google.com/maps/@52.2035252 ... 312!8i6656

There is nothing mentioned in the deeds.
the law presumes (considers as fact in absence of evidence to the contrary) that a property which abuts a public highway includes the soil of the highway up to the mid point.

it therefore follows that the wall stands on your land.

kind regards, Mac
Although looking at the picture the road seems to have been levelled, which would suggest that Highways was responsible for the wall.
carnivalboy
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Re: Boundary wall adjoining public highway

Post by carnivalboy »

Thanks all. Now I'm more confused :D I'm not sure what you mean by "includes the soil of the highway up to the mid point".

There is a shared footpath leading through my front garden, which neighbours use to access their properties. This is mentioned in the deeds, and it mentions a retaining wall, but I can't understand if this just refers to the retaining wall either side of the footpath in my front garden, or includes the retaining wall between my garden and the street. I simply can't understand the legal terms:

RESERVING NEVERTHELESS unto the Vendor or other the owners for the
time being of the said Eleven adjoining messuages on the South in
fee simple the right to pass and repass at all times and for all
purposes connected with the use and enjoyment of the said
adjoining messuages on the South over and along that part of the
said pathway leading from water lane aforesaid as is hereby
conveyed and coloured Yellow on the said Plan the said adjoining
owners on the south paying with the Purchasers a one-twelth share
of the expense of keeping the said pathway in repair TO HOLD the
same (Reserved as aforesaid) (Subject (a) to and with the benefit
of the existing system of surface water drainage hereinbefore
referred to and (b) to the liability to maintain and keep in
repair that part of the retained wall fronting Water Lane which
supports the soil of the property hereby conveyed to the extent of
the frontage thereto of the property hereby conveyed)"
ukmicky
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Re: Boundary wall adjoining public highway

Post by ukmicky »

Yeah it looks like it’s partly your wall .

In which case you need to be aware of section 167 of the highways act

https://www.legislation.gov.uk/ukpga/19 ... ection/167
Any information provided is not legal advice and you are advised to gain a professional opinion
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