Retaining wall issue

[Eminybob]

The back wall of our garden is retaining the garden of the house behind us. We are about 1.5m lower than their garden.

We have lived here 5 years without any issues. The wall is covered with ivy, and nothing untoward was mentioned on the homebuyers report when we bought. So as far as we are aware no issues with the wall.

But the owner of the house behind is now selling, and the buyers survey has detected a potential issue, they think the wall may be subsiding, and their garden could potentially collapse into ours in the long term.

They are getting a structural engineers report done at the cost of the seller, but he came round today to tell us he thinks the wall is our responsibility and therefore we would bear the cost of any action that is needed.

So my questions are - are we responsible for the wall? My deeds say all boundary walls/fences are joint responsibility, but a quick google says that retaining walls are the responsibility of the land they are retaining (ie the neighbours).

If we are responsible, is this likely to be something covered by our buildings insurance, given that it is likely to be a pre-existing issue? And if not can we be forced to complete the works and pay, given that so far nothing bad has happened and may not in the future?

Oh and so as not to drip feed, when we bought the house there was a massive tree right next to the wall, which we have subsequently cut down, but the roots appear to be partially under the wall, so may have caused any issue.

Depending on the outcome of the SER I will call our insurers, and get legal advice, but was just wondering if anyone could give me an idea of what the situation may be?

Thanks

Bump

What do the neighbour's deeds say? If they say the same, it is a joint responsibility.

If they don't say the same, can you work out whether your land was lowered, or theirs was raised?

Thanks for replying.

Not sure, but they have told us they believe it’s our responsibility.

Our house is ex-council, built in 1955. Their house looks newer, maybe 60s/70s, but I don’t know how old the wall is and if their land was raised when it was built.
I’ll get a solicitor to properly look at all the deeds etc. Luckily we have legal cover through our home insurance and staff union.

1. You can get their deeds from the land registry website for £6 (incl a plan).
2. If your house was built first it’s likely to be your boundary feature. But always check both deeds first.
3. If it’s your wall, the only thing you need to work out is who altered the levels.

Thank you.
If it’s our wall, do you think it’s likely to be covered by insurance? And if not are we obliged to do anything about it (we definitely will, but can’t really afford to at the moment)

Re your second question, it all depends. If when it was built the land on both sides was the same level, and the house at the back built up the land and used your wall as a retaining wall, they should be responsible for it. If however your predecessors in title lowered the land on your side and built the wall to retain the land on the other side you will be required to repair it.

It is unlikely to be covered by insurance. This is just wear and tear, though there is no substitute for you thoroughly checking your own insurance policy.

Thank you so much for your reply.

I know there’s not much point in worrying until after the SER has been done - it may be fine, but I’m jut trying to prepare for the worst. If it’s going to cost thousands of pounds to put right we just don’t have that sort of money at the moment, so it is stressing me out a little!