Neighbour damaged shared wall

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CheesecakeAddict
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Joined: Sun Oct 30, 2022 8:58 am

Neighbour damaged shared wall

Post by CheesecakeAddict »

Hi all.

Me and my neighbour have a shared boundary wall. I am a homeowner and she is a council tenant. In 2019 she wanted a tree on her land next to the wall cut down but the council refused. So she did it herself. The tree consequently fell onto the wall and caused considerable damage. The council initially agreed to cover costs of the repairs but it was on hold because of the pandemic. Since 2019 the damage is just getting worse and worse. We tried to mitigate further damage by taking off fence panels to ease the load on the wall and we built a new fence further into our property. So this has already come at a significant cost to us.

The council however have now come back and said because it's a shared wall, I am liable for 50% of costs of the building work. Where do I stand on this?
MacadamB53
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Re: Neighbour damaged shared wall

Post by MacadamB53 »

CheesecakeAddict wrote: Sun Oct 30, 2022 9:18 am Hi all.

Me and my neighbour have a shared boundary wall. I am a homeowner and she is a council tenant. In 2019 she wanted a tree on her land next to the wall cut down but the council refused. So she did it herself. The tree consequently fell onto the wall and caused considerable damage. The council initially agreed to cover costs of the repairs but it was on hold because of the pandemic. Since 2019 the damage is just getting worse and worse. We tried to mitigate further damage by taking off fence panels to ease the load on the wall and we built a new fence further into our property. So this has already come at a significant cost to us.

The council however have now come back and said because it's a shared wall, I am liable for 50% of costs of the building work. Where do I stand on this?
you’ve got to admire their balls - the damage to the shared wall is entirely down to them (their tenants) and they have the front to suggest you pay halfsies!

money must be tighter than ever

you could always threaten to take this to court, see if they budge…
CheesecakeAddict
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Joined: Sun Oct 30, 2022 8:58 am

Re: Neighbour damaged shared wall

Post by CheesecakeAddict »

That's reassuring!

I have been looking online and it seems that in the party wall etc act 1996 if someone has damaged it it's their responsibility to fix it - would that apply here? I couldn't work out whether it would or if I'd need a party wall award first.
arborlad
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Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Neighbour damaged shared wall

Post by arborlad »

CheesecakeAddict wrote: Sun Oct 30, 2022 9:18 am Hi all.

Me and my neighbour have a shared boundary wall. I am a homeowner and she is a council tenant. In 2019 she wanted a tree on her land next to the wall cut down but the council refused. So she did it herself. The tree consequently fell onto the wall and caused considerable damage. The council initially agreed to cover costs of the repairs but it was on hold because of the pandemic. Since 2019 the damage is just getting worse and worse. We tried to mitigate further damage by taking off fence panels to ease the load on the wall and we built a new fence further into our property. So this has already come at a significant cost to us.

The council however have now come back and said because it's a shared wall, I am liable for 50% of costs of the building work. Where do I stand on this?




You need to correct this ASAP. How old are the properties, is the wall original? Fence panels added to a wall can have a significant sail effect on that wall, what was its condition prior to the tree works?
arborlad

smile...it confuses people
MacadamB53
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Re: Neighbour damaged shared wall

Post by MacadamB53 »

arborlad wrote: Tue Nov 01, 2022 10:14 am
CheesecakeAddict wrote: Sun Oct 30, 2022 9:18 am Hi all.

Me and my neighbour have a shared boundary wall. I am a homeowner and she is a council tenant. In 2019 she wanted a tree on her land next to the wall cut down but the council refused. So she did it herself. The tree consequently fell onto the wall and caused considerable damage. The council initially agreed to cover costs of the repairs but it was on hold because of the pandemic. Since 2019 the damage is just getting worse and worse. We tried to mitigate further damage by taking off fence panels to ease the load on the wall and we built a new fence further into our property. So this has already come at a significant cost to us.

The council however have now come back and said because it's a shared wall, I am liable for 50% of costs of the building work. Where do I stand on this?




You need to correct this ASAP. How old are the properties, is the wall original? Fence panels added to a wall can have a significant sail effect on that wall, what was its condition prior to the tree works?
+1
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