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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU not to have a wall

20 replies

123LiloLill · 15/02/2019 14:39

One of these boundary walls is my responsibility and it is unstable, it moves when you lean on it. I want to remove it to save car doors being bumped and because it is going to fall over soon and might hurt someone or cause damage. I can't afford a nice brick wall to replace it. I am not going to leave it looking a mess if it is removed, just get the paving patched in to match the rest of the front. My neighbour says I have to replace the wall, and they are getting quite agitated about it. No reason given. They just told me it is a 'party wall' and must be replaced. I thought 'party walls' are interior, 'boundary walls', exterior. :-/ Do I legally have to replace the wall? Is it unreasonable NOT to have a wall or fence on your boundary? Feeling wobbly because I have just been shouted at when I tried to do the right thing and discuss my plans with him.

OP posts:
123LiloLill · 15/02/2019 14:41

Sorry I meant to post a sketch, but it didn't work! I live in a Victorian terrace with low walls dividing what once were the front gardens (you have to pay for a permit for our street, so everyone has converted their gardens to parking years ago)

OP posts:
TyrionsNextWife · 15/02/2019 14:44

My understanding of having responsibility for a boundary is that you just have to maintain the boundary line. How you choose to do this is up to you, whether it’s a wall, a fence or a bit of wire between 2 sticks!

If the neighbours are that keen for a new wall, tell them they’re welcome to pay for it.

PlainSpeakingStraightTalking · 15/02/2019 14:45

No, she can replace the wall on her/his land if she so wishes.
You certainly dont have to replace the boundary. Actually, I'd dig it over and put in some spreading stuff like campanula, thats a boundry!

PlainSpeakingStraightTalking · 15/02/2019 14:46

My understanding of having responsibility for a boundary is that you just have to maintain the boundary line

You'd have trouble in my street, there are runs of 4,5,6 houses where they have all taken walls down, and used the same company to in put block paved matching drives.

Reallyevilmuffin · 15/02/2019 14:48

Plenty of properties don't have boundaries. I think a deed might state if a wall is a legal requirement, but I can't see it being. Do they need a boundary for a pet/kids? I do think no physical boundary reduces the house price too generally.

MIdgebabe · 15/02/2019 14:49

AS I understand. ( not a legal person) Is a specified as party wall in your deeds/ any legal document / surveyors report from buy8ng the house ? If yes you will need to find out if it’s jointly owned ( when they have to pay half) or not. If it is and you are it’s owner they may be entitled to insist on a wall, not sure if you are entitled to make them pay.

It can be cheap to get a wall repaired and made safe, my neighbour did this. It would be possible to do that yourself, it seemed to be a case of replacing mortar

Aprilshowersarecomingsoon · 15/02/2019 14:50

A line of garden gnomes would be my thinking.
The one with its bum flashing facing their side too!

Racecardriver · 15/02/2019 14:50

Generally no. Just tell him to put up whatever kind iffencehe wants on his side of it matters to him.

123LiloLill · 15/02/2019 15:00

Thank you, I just hate conflict of any kind. No purpose for the wall being there, the areas in front of the houses (formerly gardens) are all open on to the street. No gates or anything... so any pets/kids already have free access to the road. Thank you for sharing your experiences

OP posts:
woollyheart · 15/02/2019 15:02

If it is outside, no you don't need to replace it with another wall. Maybe they are worried that you will encroach on their drive when you park your car?

I wouldn't replace it if you don't want to, if it is unstable, demolish it and get rid of it. As long as it is safe and you know where your boundaries are, you should be fine.

GahWhatever · 15/02/2019 15:18

If they are worried about the boundary I'd replace the wall with a line of red paviers to show the line but still be at ground level so no trip hazard and room to open doors etc.

JacquesHammer · 15/02/2019 15:20

Before you make any decisions you need to double check the title information document as to the requirements.

spiderlight · 15/02/2019 15:21

Is your neighbour's name Donald?

StealthPolarBear · 15/02/2019 15:22

Donald? You've changed your tune

StealthPolarBear · 15/02/2019 15:25

Oh dear I was too late

bluescreen · 15/02/2019 15:31

No. Unless there's a covenant in the deeds to maintain the wall (I bet there isn't) then although it may be your responsibility to maintain it, it won't be your duty to, IYSWIM. In other words, if you want to maintain it, you have to pay and can't ask your neighbours to contribute. But since you want to remove it anyway, they can't complain unless they can show on their Land Certificate (ie, title deeds) where they have a right to have this wall and maintained at your expense. I bet they can't.

And it's never worth going to lawyers over this sort of thing - costs a fortune, far more than it's worth. Let them get a solicitor's advice if they are so agitated about it, but it's best if you can sort it out over a cup of tea.

Witchend · 15/02/2019 15:39

Is your neighbour's name Donald?

My ds said the other day that DT should have been a builder. I asked why and he said "then he'd be able to build walls and have other people pay for it." Grin
I thought that was quite good for an 11yo.

PCohle · 15/02/2019 15:40

A boundary wall is placed wholly in the land of one owner. A "party fence wall" is an exterior wall that stands astride the boundary, and the Party Wall Act 1996 will apply. Are you confident as to where the boundary lies?

If it is just a boundary wall (i.e. is wholly on your land) then generally speaking you can do what you want (absent covenants to the contrary). You would be liable if the wall causes damage or injury so doing something about it is sensible.

bluescreen · 15/02/2019 15:53

Oh, good point about the Party Wall Act 1996. I was assuming it was wholly on OP's land, but perhaps that's disputed too.

There is some government guidance here, with a downloadable booklet.
www.gov.uk/guidance/party-wall-etc-act-1996-guidance

SaturdayNext · 15/02/2019 15:54

I know you may not want to replace the wall, but might the cost be covered by insurance if it's falling down?

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