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Original poster

Neighbour damaged boundary wall - council wants me to go 50/50

156 replies

TheNefariousOrange · 27/10/2022 11:15

The boundary wall between me and the neighbour is shared. My house is privately owned but the neighbour is in council. Neighbour had a cherry tree and decided to chop it down themselves, as a result, it tipped and damaged the wall. The wall is in a bad state and now and the council wants me to pay half of it. My argument is that the neighbour shouldn't have chopped down the tree, but where do I stand?

OP posts:
tirednewmumm · 27/10/2022 11:37

It's likely you'll need to take action against neighbour directly it wasn't the council as landlord that damaged your wall.

At the risk of being awful is it likely a council tenant will have the money to reimburse you?

In the first instance I would write and push back to the council saying they should pay but if they refuse, legally they're not responsible and 50/50 will be cheaper than suing the neighbour 😞

NewGreatAunty · 27/10/2022 11:42

Surely the council need to prove that you caused 50% of the damage?

Princessglittery · 27/10/2022 11:46

Surely the council own the property and rent to neighbour so they are responsible for paying for the repairs. If it was a private Landlord they would have buildings insurance and would claim for the damage.

Quveas · 27/10/2022 11:50

I would (a) involve your own insurers, because they sure as hell won't want to pay for something someone else did (and they won't care who pays as long as it isn't them, so they are on your side) and (b) involve the local councillors and kick up a fuss. And keep doing it. Most council officers would rather just get on with the job than have to deal with annoyed councillors who are great at clogging up their systems, taking up time, and, in the end, almost always get what they want whether it is reasonable or not (I'm a council officer!).

Original poster
TheNefariousOrange · 27/10/2022 11:50

So yes, the council are saying they will pay her 50% but want me to stump up 3k for the rest of the repairs.

I don't even want the wall. I have my own fence (fully on my property). I'd be quite happy for them to just rip the wall down entirely.

OP posts:
Original poster
TheNefariousOrange · 27/10/2022 11:51

Quveas · 27/10/2022 11:50

I would (a) involve your own insurers, because they sure as hell won't want to pay for something someone else did (and they won't care who pays as long as it isn't them, so they are on your side) and (b) involve the local councillors and kick up a fuss. And keep doing it. Most council officers would rather just get on with the job than have to deal with annoyed councillors who are great at clogging up their systems, taking up time, and, in the end, almost always get what they want whether it is reasonable or not (I'm a council officer!).

When you say councillors, is that my politician?

OP posts:
shoofly · 27/10/2022 11:53

Yes your local councillor is your local elected politician. I'd put the facts to them, point out that you didn't cause the damage, and don't particularly care if the wall is fixed or removed and get them to deal with it, with council staff

Razu45 · 27/10/2022 11:55

Is the wall in question yours?

Razu45 · 27/10/2022 11:55

TheNefariousOrange · 27/10/2022 11:50

So yes, the council are saying they will pay her 50% but want me to stump up 3k for the rest of the repairs.

I don't even want the wall. I have my own fence (fully on my property). I'd be quite happy for them to just rip the wall down entirely.

So then you and your neighbour would share a garden?

Original poster
TheNefariousOrange · 27/10/2022 11:57

Razu45 · 27/10/2022 11:55

Is the wall in question yours?

No it's a shared wall on a shared boundary

OP posts:
Original poster
TheNefariousOrange · 27/10/2022 11:59

Razu45 · 27/10/2022 11:55

So then you and your neighbour would share a garden?

Show quote history

No because I would have my fence still. The wall is only 4 ft high and I had enough of her harassing me so I put up a 6ft fence.

OP posts:
Razu45 · 27/10/2022 12:01

TheNefariousOrange · 27/10/2022 11:59

No because I would have my fence still. The wall is only 4 ft high and I had enough of her harassing me so I put up a 6ft fence.

Show quote history

So your fence runs parallel to the wall?
no damage to your fence?
what condition pre damage?

lannistunut · 27/10/2022 12:03

You need to go via your house insurance, they will handle it.

Razu45 · 27/10/2022 12:07

TheNefariousOrange · 27/10/2022 11:59

No because I would have my fence still. The wall is only 4 ft high and I had enough of her harassing me so I put up a 6ft fence.

Show quote history

I suspect that relations with your neighbour were far from rosy generally.

so has the council been involved between the two of you before?

Razu45 · 27/10/2022 12:08

In all likelihood the tenant was required by the council to maintain the garden and told to cut back the tree.

NewGreatAunty · 27/10/2022 12:10

The council have got a nerve! Agree with pp saying contact your insurers. I assume the neighbour didn't ask the council for permission to destroy the tree?
I suggest you take some photos now in case the council damage your fence when they repair the wall.

Grumpybutfunny · 27/10/2022 12:11

Contact your insurers or just reply that as it 50:50 you want it removed and will keep your fence as the boundary

Prescottdanni123 · 27/10/2022 12:13

It is unreasonable for them to think that everyone has a spare 3k in their back pocket to pay for damage that they didn't cause. I wouldn't be agreeing to pay it.

Original poster
TheNefariousOrange · 27/10/2022 12:14

Razu45 · 27/10/2022 12:07

I suspect that relations with your neighbour were far from rosy generally.

so has the council been involved between the two of you before?

Show quote history

They originally said that she was at fault and would shoulder the costs but couldn't start work on the repairs because of lockdown. They have now gone back on their word and said they said no such thing.

She's definitely got something wrong with her, like she throws eggs in my garden and bought loads of documents offline to find information out about me, like she managed to get my middle name (I'm assuming she either got off land registry?) and just comes to the wall and shouts my full name over and over again if I'm enjoying my garden. We've got to have a password at DD's school because she saw me hanging DD's uniform out to dry and made a threatening comment. The list goes on.

OP posts:
PotentiallyPolly · 27/10/2022 12:21

Do you have the ability to speak to a solicitor through your insurance? I don’t think you should legally have to pay if you’ve erected a fence and are not using the wall? You’ve secured your garden, your fence is behind the boundary line so you’ve essentially handed over that extra few inches of space to them.

The flats around here have a council cleaner clean the communal area. Because we have a few private flats in our building the council won’t maintain it unless the private owners contribute towards the cost. They refuse to and there’s nothing the council can do, we just clean the building ourself (which isn’t an issue).

Razu45 · 27/10/2022 12:22

TheNefariousOrange · 27/10/2022 12:14

They originally said that she was at fault and would shoulder the costs but couldn't start work on the repairs because of lockdown. They have now gone back on their word and said they said no such thing.

She's definitely got something wrong with her, like she throws eggs in my garden and bought loads of documents offline to find information out about me, like she managed to get my middle name (I'm assuming she either got off land registry?) and just comes to the wall and shouts my full name over and over again if I'm enjoying my garden. We've got to have a password at DD's school because she saw me hanging DD's uniform out to dry and made a threatening comment. The list goes on.

Show quote history

They “said” and now “have gone back on their word”

So absolutely nothing in writing regarding this issue?

Original poster
TheNefariousOrange · 27/10/2022 12:24

Razu45 · 27/10/2022 12:22

They “said” and now “have gone back on their word”

So absolutely nothing in writing regarding this issue?

Show quote history

I have it in writing via my solicitor when it originally happened but nothing direct from the council

OP posts:
Razu45 · 27/10/2022 12:28

TheNefariousOrange · 27/10/2022 12:24

I have it in writing via my solicitor when it originally happened but nothing direct from the council

Show quote history

So your solicitor will have it in writing. They would never tell a client something like that based on a verbal conversation!

So revert to solicitor

Soakitup37 · 27/10/2022 12:49

£6k for a wall!? How bad was the damage?!

I’d be telling the council they can jog on take me to court if they think I’m paying for something I didn’t have any influence on the damage.

go back to solicitors, I would be really firm on NOT being pulled into this!

Original poster
TheNefariousOrange · 27/10/2022 12:51

Soakitup37 · 27/10/2022 12:49

£6k for a wall!? How bad was the damage?!

I’d be telling the council they can jog on take me to court if they think I’m paying for something I didn’t have any influence on the damage.

go back to solicitors, I would be really firm on NOT being pulled into this!

Well the worst of it is, when they initially took on damage it was 2.5k but they refused to do anything until after lockdown do it's just got worse and worse.

OP posts: