Neighbours wall is pulling my gate pillar over!

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ceevo56
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Neighbours wall is pulling my gate pillar over!

Post by ceevo56 »

Hi, just looking for some advice please. My neighbour has a front brick wall about 8 mts along the front of his property.Our front gate is attached to a brick pillar which is on my property but joined to his wall. His wall has started to lean over badly pulling our gate with it, lifting it up by about 4 inches. The council have been around and deemed it dangerous and said that he must make it safe.
The neighbours inherited the property, they don't live there and it is in a poor state of repaire.
We had a contractor knock on our door who has been asked by our neighbour to take the wall down using a stil saw to cut down through the bricks where our pillar is joined to the wall, clearing his wall away leaving our pillar without any support.
His wall has damaged my pillar, so who would be responsible for my brick pillar?
Thanks in advance.
Paddock
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Re: Neighbours wall is pulling my gate pillar over!

Post by Paddock »

imho it would not be clear if the pillar was on your property just because your gate is attached to it. You would need some very accurate boundary plan to establish that.

if it were yours however, the the neighbour would probably actually have the right to cut it off.

Have you asked the neighbour nicely if they would please just repair the whole thing? Cutting the wall off from its end pillar sounds as expensive as just repairing it.

Paddock.
mugwump
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Re: Neighbours wall is pulling my gate pillar over!

Post by mugwump »

Did they previously agree to or say that you could have the land?
ceevo56
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Re: Neighbours wall is pulling my gate pillar over!

Post by ceevo56 »

Thanks for your relies. Yes the pillar is on my land.The house is empty and no way of contacting the owners as they live away. As their wall is damaging my pillar (as it is attached to the wall) I was wondering if they should at least pay something to repair my pillar. Thanks.
Chunga
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Re: Neighbours wall is pulling my gate pillar over!

Post by Chunga »

Since the neighbour`s lack of maintenance to their front wall is resposnsible for the damage to your pillar, they are responsible for repairing it. If they remove the wall that has been supporting it, they are also responsible for providing proper support for it in future. This will be difficult if they simply want to remove their 8m wall and leave your pillar standing.(or rather falling).

You should write to them to explain that they have this responsibility and invite them to pay for your repair. Under English law, it is acceptable to post a letter to the next door property: since they must have some system for forwarding mail. If they refuse or fail to reply you have the option of the Small Claims Court. That will take a considerable time. Again papers may be served by mail at the address next door. Probably, the mere threat of having to return for a hearing will make them change their tune, for what should be a modest sum.
span
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Re: Neighbours wall is pulling my gate pillar over!

Post by span »

Alternatively, bung the contractor a backhander to sort out your pillar at the same time as the neighbors wall. It shouldn't take too much as he's onsite already. It may be the cheapest, less stressful option in the long run.
IdefixUK
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Re: Neighbours wall is pulling my gate pillar over!

Post by IdefixUK »

ceevo56 wrote: Tue Apr 06, 2021 12:20 pm Thanks for your relies. Yes the pillar is on my land.The house is empty and no way of contacting the owners as they live away. As their wall is damaging my pillar (as it is attached to the wall) I was wondering if they should at least pay something to repair my pillar. Thanks.
Hello ceevo56.
Is there any possiblity that the post was infact providing support for the wall, and when the post started to fail this led to the wall starting to fail at the same time or soon after? Can you tell us if the wall and pillar were likely to have been constructed at the same time ( same bricks/ mortar/ tying in of the brickwork etc). I rather suppose that if these structures were built at the same time then both parts could claim that the other owes them structural support.

Regards
Paddock
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Joined: Thu Jan 03, 2019 3:37 pm

Re: Neighbours wall is pulling my gate pillar over!

Post by Paddock »

span wrote: Tue Apr 06, 2021 4:43 pm Alternatively, bung the contractor a backhander to sort out your pillar at the same time as the neighbors wall. It shouldn't take too much as he's onsite already. It may be the cheapest, less stressful option in the long run.
yes, that would be my next move.

Paddock
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