How do I find out if it is our wall or next door neighbours wall that is falling down?

[Twinkie1]

Can I get a plan somewhere detailing if it is our wall or theirs - am getting pretty narked - they are not bothered by the fact that it is falling down - it will drag down the electrics for the gate and we hope that our car or one of the DCs isn't standing near it when it goes!

The title deeds - available from the Land Registry - should tell you. Unfortunately, if the wall is simply providing a boundary, they are not obliged to repair it (although they could be sued for subsequent damage or injury).

Balls - because our houses are so old, circa 1500, there is nothing to say who owns the wall - we may have to be nice and pay half of the costs as the wall is to the left of our house and there is some sort of rule that says it is ours then!

Mind you the damage has been caused by a tree in his garden growing against the wall and so pushing it over - can we use this to get him to rebuild/repair the wall?

Tx

Your front wall would be the one on your right hand side if you are standing in front of your house with your body facing out towards the street. And your back wall is the one on your right hand side if you are standing in the back garden with your body facing towards your house.

We too are having fence issues. OUr neighbour's house is up for sale, one of her fence panels has blown off and she needs to replace the whole fence and does not seem to be in a hurry to do so. It's very unsettling isn't it?

SLB - that makes no sense what so ever - it is the wall to the left of my house when standing infront of my house and facing towards my house!

Yeah, those pesky Tudors didn't bother too much about reparation clauses - sorry.

I've never heard of the left hand boundary rule - sounds a bit . I don't think you could force them to repair a wall that belonged to them even if it is a tree on their property which is causing the problem, it is after all their wall. However, if the roots are damaging your property then, I think, it becomes trespass and they take responsibility but these things are never straightforward or easy and will, inevitably, involve solicitors and resentment. Might be better to try and work it out with them amicably.

So is there a general principle then that the wall on your right hand side as you face the house is yours?
Thats interesting - does that apply in Scotland too?
Is there any general rule about who owns a wall if 2 properties back onto each other?

Very grey issue.

Your land registry should tell you but if you then build the wall off your own back or someone has in the past...you then become liable for it. You can detemine if someone has rebuilt in the past on your side by seeing which way the posts were fitted.

Also unless it poses a security risk i.e. children or pets they are under no obligation to fix it....Also the one who imposes the risk is liable to fix it regardless of who owns it on the land registry and so if you impose a security risk such as your children having access to it, then it is your job to make sure that it is safe.

If you both impose security risks then it is a 50/50 split unless land registry details otherwise.

they used to go on the right hand side thing but not so much now as I found out in a dispute with my neighbours

Its isn't so much as security but safety and the damage it will cause to the car or the kids if it falls on them or the house as it will pull the electric gates down.

The posts are on their side and the tree that is growing against the wall and pushing it over is on their side!

DH is going to go roujnd there again at the weekend and try and be tough but diplomatic!

I though as it is their tree that is damaging the wall - even if it is our property they would have to sort it out?

horseshoe our house is too old no one owns it on the land registry!

If it is their tree then they should be able to claim on their insurance. Getting them to do it may be a different matter though.

If no-one owns it I think it may be a 50/50 settlement.

They will own the tree which is the main risk and so you have that going for you. When I say security I mean safety etc.

The tree is on their side as is the Wall posts which suggests it belongs to them (grey area).

If you were to take down the wall....you will still have to deal with the tree which then becomes a trespass issue.

I would def send DH round to talk to them and if not ask your local authority to assist.

Thanks Love - I am not allowed round there as screaming 'Sort ot out you toffee nosed git!' won't go down too well!

Twinkie if it is the wall to the left of your house when standing at the front of your house (front being where your front door is) and you are facing your house, then that is your wall.

That same wall would be on your right if you were standing in front of your house facing away from your house.

Normally with boundaries, ie walls, there is a rule that the boundary between your property and their property is half way down the line of the wall...ie if the damage is being caused by their side of the wall then they are responsible.

It is a problem obviously if your sujects are not registered in the Land Register. In Scotland there is a register called the Sasine Register (prior to the Land Register) Am not sure if it goes back to the 1500's!! Do you know if there is an equivalent in England??

Twinkie, try this link to the relevant land registry guidance regarding boundaries.
www.landregistry.gov.uk/assets/library/documents/public_guide_019.pdf

There is no general rule regarding boundaries on the right or the left belonging to any particular property, in the absence of specific details on the deeds.

There is no obligation on any property owner to build a wall or fence. It is merely habit which dictates that we do this because we like to fence ourselves in. However, if a boundary owner decides to erect some sort of barrier, they are then under a duty to ensure that it is maintained and is safe.

Is there any way to find out who erected the wall? You could simply approach your neighbours and ask them to repair the wall. If they refuse, you could write and point out that it is their wall and is in a dangerous state - they would then be liable for any subsequent damage or injury as they could not claim they were unaware it was dangerous.

However, as you are concerned that it may be your car or your children who are at risk, get it done yourself. Bloody pain if it isn't legally your responsibility, but I'm sure you'd rather pay out than see your children seriously injured.

I am going to say that I have heard of what SLB is trying to say.

I know that down our road house owners own their front walls, back walls, and any walls going down the left hand side of the property from looking at your house from the street.

and if the posts are on their side, then they own that wall/fence.

if there is any confusion then AFAIK, you need to sort out costs and split 50/50, unless you can proove that anything they have done is causing the damage....ie....their tree.

this is only repeating tho what our solicitor told us when we first moved into our property and the neighbours tried to slam us with a bill for a fence that the previous owners agreed to help pay for and then didn;t before they moved. We got off tho as in fact, is was the nieghbours wall anyhow!