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Neighbours children climbing 20ft wall.

4 replies

pippala · 09/04/2012 00:32

We have just bought a buy to let house and have a couple renting.
A few weeks ago they casually mentioned some kids sit on the wall in the garden.
The wall goes up the side of the house and garden and round the back. The wall is shared between about ten houses. On our side it is a 20ft wall but the house next door the land is higher so maybe 10ft on their side. On the deeds it says it is uncertain who owns the wall.
The houses are Victorian. The wall is old and crumbly and leaning.
We were at the house yesterday refencing some of the old timber fencing on the other side of the garden from the wall. There for about two hours. All the time there were the two neighbours children boy roughly 12 girl roughly 10 sitting with their legs either side of the wall and jumping off the wall onto a trampoline in their garden.
Twice I told them how dangerous it was as it was a long way to fall which was met by giggles.
Now I don't live there and our tenants don't seem to have a problem with it but I felt uncomfortable to have these kids watching every thing we did all afternoon.
When we finished we went in the house to talk to tenants and the kids were sat on the wall, legs dangling over our side of the wall looking right through the lounge window less than 3ft away.
So I opened the door and told them sternly to get off the wall before they fell off.
Within ten minutes there Dad was on top of the wall saying "excuse me do you live here?" We told him we were the landlords.
He then said I have told my children they can jump off the wall on to their trampoline, it's halfterm and don't worry I won't sue you if they fall! WTF!!
So my DH was polite but explained it was 20ft drop our side. He then told us its 10ft his side so he has put a step laddar his side so they can jump on the trampoline!!
We asked him who owned the wall and he said his wife thought they did. So it wasn't a problem was it?
I walked off at this stage as I was fuming at his attitude and DH was trying to keep it polite.
Would I be unreasonable to ask our solicitors to find out exactly who owns which bit of wall.I want it noted that he said he won't sue us as that was a very odd thing to say, why would he sue us? Why would he even think that way. I am concerned about damage to the wall and the lack of privacy my tenants have although at this early stage of living there they don't seem to mind.
Am I being unreasonable not wanting this to continue seeing as I don't live there

OP posts:
Isityouorme · 09/04/2012 06:40

Your walls should be highlighted on your deeds...

I agree that it is a concern in case a child falls, but it would also be annoying if you were in the garden and two kids kept peering over.

ValentineBombshell · 09/04/2012 07:22

Spiky fast-growing climber? Leylandii? Wink

MrAnchovy · 09/04/2012 12:56

why would he sue us?

You are responsible for the safety of people within the boundary of your property, even if they do not have permission to be there. This means that you must take reasonable steps to mitigate hazards and if you do not you may be liable to pay damages for your negligence in respect of any loss or injury, and may also be prosecuted under the Occupiers Liability Act 1984.

Any drop of over 2m is a hazard that is likely to require mitigation: a drop of 6m is a very significant hazard. The Local Authority Building Control Surveyor is probably the best first port of call.

sneezecakesmum · 09/04/2012 19:59

Mr A is right regarding the crazy negligence laws regarding property as highlighted in the case of your wall. How about a solicitors letter to the neighbour pointing out the dangers and your advice about allowing the children climbing there. I think that would indemnify you as you have made reasonable efforts to discourage the family. You could probably do it yourself if you sent it signed for delivery, and save a solicitors fee!

Check your home insurance too. It usually covers this type of liability (homeowners liability??) Even trespassers must be 'cared for'. I suppose a child plummeting 6 ft into your garden would be a trespasser! The father btw is an arse.

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