Silent Boundaries and Wall Collapse

[Hetfield]

Our neighbours hedge has caused the retaining wall between their garden and our drive to collapse. The boundaries on both sets of deeds are silent and we thought that it would be a simple matter of splitting the cost 50/50.

They produced a legal document which we didn't have which was for the purchase by our property of land from theirs to extend our driveway. Within this document it states that the wall between the two properties had to be replaced within 6 months of the sale being completed and this obligation was met c.1985. Our neighbours therefore believe that this means that the wall is ours. We made it clear we weren't looking for them to pay 100% but looking to split 50/50 as their hedge had clearly caused the wall to collapse under its weight regardless of ownership.

They were hoping that we could split 50/50 between our insurance companies but our insurance company considers it wear and tear and therefore not insurable. I have been getting builders in to give me quotes to replace the wall and I suspect they may be higher than our neighbours would be happy to pay 50/50 for.

Does anyone have any experience of a similar situation or know what the law is with regard to this type of situation?

Worth posting this on the www.gardenlaw.co.uk site.

Do you need a wall at all? Or will the hedge be fine?

Won't it just be brought down again by a growing hedge?

What is important to establish is which property owner has a responsibility for shoring up the land. That depends on which side of the wall the levels were altered in the first place. Assuming the garden is higher, was the land excavated to make your drive, or was it filled in to level their garden (I suspect the former). It might be obvious from the lie of the land, or it might not.

If it is your responsibility, you'd then need to get evidence that the cause of the wall collapse was definitely the roots from the hedge. If you can therefore prove that either it's their responsibility to maintain the wall (the fact that your predecessors in title had to build it is a red herring) because it's built their side of the boundary, or their hedge caused the wall to collapse, then they have to repair it and make good any damage caused.

LaurieFairyCake It's a retaining wall, which means it's there to hold back higher land.

Hi - would need to have rather more info about this matter before providing any advice. I suggest you download the RICS boundary guidance booklet from the RICS web site and start from there. The RICS has a help line providing 30 mins free advice - number on that booklet.
Consider asking a Chartered Surveyor (General Practise or a Land surveyor)for a fee quote to provide a view on the matter - you can ask for a capped fee. This advice may provide you with the steer that you need to sort the matter out. The surveyor would need to visit the site, would need to see all of your documents pertiaining to the boundary, any photos you have of before and after and any other detail you can provide incl a copy of the insurance policy. Hope this helps

I have no advice but am lurking as we have a similar issue with our boundary wall collapsing into our garden. The wall retains our neighbours land as we're on a hill (it's to level out his plot).

Spoke to neighbour (who is a bit of an arse) and he is dismissive of doing anything - they are trying to sell up. I know from my deeds that we are not responsible for the boundary. Thinking of getting a surveyor to have a look but it all goes abit over my head

If their wall has trespassed on your land then they need to clear it up, and to ensure that there is no further trespass. They will need to either repair the wall or level their land so there continues to be a gentle slope.

Thanks everyone. We spoke to a surveyor recommended by RICS who jokingly advised that we needed a litigation lawyer rather than a surveyor. The hedge definitely caused the wall to collapse which hasn't been disputed by them so regardless of ownership of wall they are liable. We are still keen to avoid any dispute and will go 50/50/ We have had our first quote back which was higher than expected so are trying to get all our facts ready before we have any further conversations with them. It is good to have the knowledge that legally they are responsible and that gives us some leverage when we discuss the quotes received.