Boundary Maintenance - Who is Responsible?

[CircusMistress]

Hi, so split-level boundary lined with trees/bushes which have thined and died off over the years both sides/level. Reliatively defined sheerish drop along the boundary. Owner of Upper level has approached lower level with concern of dead trees and foilage falling from upper level to lower. Lower level has said not concerned as thier trees and foliage in no better state of repair and ok with this. Upper owner has said would like some posts in and to grow new foliage. Lower neighbour is thinking can just bank boundary up a bit with waste dirt/other debris. Now upper level is a family home and they have been working on a large ish extension. They would probably like more privacy and perhaps concerned about erosion / loss of land over time due to boundary definition moving with erosion? It was sort of left that they might speak to a relative for advice. This makes me think they did not get the resolution they were hoping for from the conversation. Both neighbours on good terms, not friends but friendly enough. I'm thinking that maybe they were hoping lower neighbour who is known to be very switched on building/maintenance wise was going to suggest a retaining wall and this was thier soft approach. I suspect they may come back saying this is what relative has now suggested so the suggestion doesn't come direct from them. Lower neighbour seems to have head in the sand. Am I right in thinking that if its his boundary he may have no choice but to get the work done if a retaining wall is what's needed to stop erosion? Are there other options / ways to retain the boundary I've not thought of? Apologies for the length of post!

Bump

Sorry, I hate to say it as I know Mn posters request this a lot, is there a photo or diagram?

What's the other side of boundary? How does the upper and lower households directly impact one another? Is there anything in deeds?

Does it say on the deeds who is responsible for the boundary or is it shared? Surely that would depend on who pays for it.

Rock filled gabion structure?
www.toolstation.com/galvanised-landscaping-cube/p52672?store=HU&utm_source=googleshopping&utm_medium=feed&utm_campaign=googleshoppingfeed&gclid=Cj0KCQiAvvKBBhCXARIsACTePW-SdIr-raBwqVHuKZ5iyHbeRRlUbcrCzEvIQNUtm3DsxGDKonKJVjAaAttmEALw_wcB
Sleepers?

www.railwaysleepers.com/blog/tips-advice/how-to-build-a-retaining-wall-with-railway-sleepers

Links on the bottom of this article to other retaining structures/ideas
www.gardensillustrated.com/garden-design/design-solutions-retaining-walls-plantable-structures/

I'm on an ancient mobile so no chance of a diagram at the mo. Sorry. Both have open space either side of the boundary. Lower more so, upper has built extention but still alot of land around it, no affect on house but privacy may affect enjoyment of this part of the garden a little in winter months when not leafy. I believebits lowers boundary to maintain. Loads out there on responsibility if a retaining wall exists but not alot on maintaining a boundary of split level where one doesn't already exist.

Thanks whatdoin I did think about suggesting the crates. It wouldn't need to look pretty as lower will just fill in trees / bushes. It's more a cost issue and ongoing responsibility/cost.

What is currently retaining the upper level and stopping it falling into the lower level? Surely it isn't just the bushes?

WHO IS RESPONSIBLE FOR MAINTAINING A RETAINING WALL?

With any question about boundary responsibility the first place to look is the Land Register/deeds. This may set out whether a specific party has responsibility for that structure including retaining walls. The general rule is that if the Land Register/deeds are silent about boundary responsibility i.e. they make no reference whatsoever to who is responsible for the boundary, then the boundary can be considered as a party boundary and as such it is to be repaired and maintained at the joint and equal expense of both parties.

This position is different however when there is a retaining wall. It is generally accepted that the person whose land is retained by the wall is responsible for its repair and maintenance. If we go back to the example we gave previously if your property is based on a hill and your neighbours garden is supported by a retaining wall above your property, that would mean it is their responsibility to maintain that wall.

Thanks everyone. Apologies for lack of reply. Not been myself. Responses were appreciated though. We'll clear anything dead and get a better look at what's going on and keep talking I guess. I'm sure there's room for some compromise.