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Boundary walls

(24 Posts)
noddyholder Tue 16-Jun-09 21:32:36

We have a rear wall seperating our house from the one in the next road.The bulk of the wall is on our side-ish as their garden is above us iyswim.So its 6 ft tall and 3ft on their side.It is old and rickety but has been there for 150 yrs and they have had a fence attached to it.They took the fence down on Friday and the wall has bowed more.Their gardeners said they had to down tools as they thought if they started banging against it it could fall.They(builders)then came round and said we needed to fix as unsafe and could fall in our garden £1350. Rang the council as there is nothing on deeds and they say it is a boundary wall and ideally the cost should be split goodwill etc but this is not enforceable. They don't want to pay half but want to attach their new fence to the wall once it is up!!!!!!!!!!!Council say as this is just a b wall once its up they can.Now I have lost it as they want us to put up a new £1300 wall so that they can attach a £50 fence to it,I am happy to do the wall as it looks terrible but once up i don't want them to touch it.If we do nothing they may move their fence in a few feet as they want it done asap.The reason they can't put fence posts in is they have laid a slab patio and have no grass left I am going round in circles with them and our builders are even talking about putting up a brand new wall in front of the old one!

SoupDragon Tue 16-Jun-09 21:38:03

Are they prepared to pay anything?

Even if they can't see the lower half of the wall as it is beneath their garden, they get the benefit of it since it will be preventing their garden from falling onto yours.

SoupDragon Tue 16-Jun-09 21:38:57

Their garden and their lovely new patio will slide into yours.

noddyholder Tue 16-Jun-09 21:41:47

I know they don't want to contribute anything!I think if they don't fair enough but it needs done for safety reasons and if I do it I don't want them to attach anything to it!Didn't want to go down the legal route as it will cost more than the bloody wall.

noddyholder Tue 16-Jun-09 21:54:33

bump

AnitaBlake Tue 16-Jun-09 22:15:41

How much for a wall? Sorry that sounds way OTT! If there's nothing on either set of deeds its probablty a party wall, so you are both responsible for it, the cost should be shared! We do with our neighbours, unless of course they knock something down and then it's their problem lol

noddyholder Tue 16-Jun-09 22:20:09

That is to remove all the bricks v slowly to avoid slip.Dispose Rebuild new wall in block work and render it.It is 6 ft tall and about 20 wide

trixymalixy Tue 16-Jun-09 22:28:10

But surely if it's retaining part of their garden then it should be a shared cost?

I personally would tell them that unless they pay half you aren't going to do anything and then their lovely new patio will be in your garden instead!!

noddyholder Tue 16-Jun-09 22:29:48

that is my current thinking.The fence they were planning to erect is lying in their garden and they have gone for a weeks holiday prob expecting to come back to a new wall!

PestoMonster Tue 16-Jun-09 22:42:00

Evening Noddy! Just let DH read this and he is concerned that a blockwork wall may not be strong enough to use as a six-foot high retaining wall. You might be able to get some free advice from the Council Building Control department. (or Google 'retaining wall')

He also thinks it is reasonable to share the cost of this which he thinks could be a bit higher than £1300. sad

noddyholder Tue 16-Jun-09 22:44:55

Thanks pesto.Council don't want to get involved or even advise???The builders were proposing to build the blocks to the existing buttress which is rock solid and to lay them in reverse for strength.Am going to ring building control tomorrow and beg!

PestoMonster Tue 16-Jun-09 22:51:05

Good luck, suggest you stress the safety aspect when you speak to them, for example children playing in the garden.. smile

noddyholder Tue 16-Jun-09 22:52:49

Thanks

SoupDragon Wed 17-Jun-09 07:53:50

You could try telling to them that they need to replace the wall to prevent their garden slipping into yours but you are prepared to pay half the cost. Since (I assume) there is nothing in the deeds, it is as much their responsibility as it is yours.

Have you tried posting on that garden law website?

SoupDragon Wed 17-Jun-09 07:55:22

Don't think that the wall is more yours than it is theirs just because it's higher on your side.

SoupDragon Wed 17-Jun-09 07:57:48

If you rebuild the wall a short distance into your side of the boundary, leaving a marker of where the actual boundary is (a small, low chain link fence maybe. Something really ugly), they can't attach anything to it.

noddyholder Wed 17-Jun-09 08:25:44

Thanks SD I will take a look.basically if they had not wanted a new fence we would have been none the wiser and probably left it and tackled it later.It is as you say a joint responsibility they just don't want to pay.Council say its a boundary wall and people usually just agree to split the cost.I am going to write a letter and put it through their door today saying we will pay half and get it done now otherwise we are at stalemate

SoupDragon Wed 17-Jun-09 11:49:32

Personally, I would not say I would pay half, I would say that the work will only go ahead if the cost is split 50/50 and that, if you do have to rebuild the wall at your own cost you will ensure it is within your boundary so they can't attach their fence to it. Although I may leave that last part out because I'm a chicken!

SoupDragon Wed 17-Jun-09 11:55:16

this is interesting - one poster says "However since next doors land is higher than yours the <<neighbours>> are responsible for retaining the higher land ..............end of argument "

fridayschild Wed 17-Jun-09 13:26:07

There is a complicated legal argument about nuisance you could run. I recommend you try to sort it out without any legal fees - boundary disputes are really expensive.

trixymalixy Wed 17-Jun-09 14:42:00

Our back garden wall is a retaining wall for our neighbours garden, but the responsibility for maintaining it is definitely 50/50 as it is specified in our deeds.

noddyholder Wed 17-Jun-09 15:00:30

I have written a letter saying I have checked the deeds and with the council etc and it is a boundary wall which we are both responsible for maintaining to safety standards.It currently needs attention and I have had 2 quotes and if they would like to get more thats great.Once done the cost should be 50 50 which we are happy with ./This will give us a wall strong enough to retain their soil and stop it falling into our garden plus they will then be able to attach a fence to it.However if they do not wish to comply with this they will have to either have no fence at all or build one within their boundary.If we have to take full responsibility for the wall we will leave it as is and build a new one on our land.I ended saying as boundary disputes are among the most expensive domestic legal issues I hope we can resolve it without solicitors.Thanks for all your help fingers crossed here

trixymalixy Tue 30-Jun-09 22:47:08

Did you manage to resolve this?

PfftTheMagicDragon Sun 12-Jul-09 07:59:38

How's it going Noddy?

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