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Someone else's wall fallen onto my parents property

29 replies

MaverickSnoopy · 06/04/2022 20:59

Looking for some advice on behalf of my parents. In the recent storms a wall behind their house blew down into their back garden, damaging some of their property. To explain - there is my parents garden, then a trellace and my parents fence which were both partially knocked down/broken by the wall, then a little gap where plants grow, then the wall and then a private car park which backs onto a housing estate (where this house is). This now means that there is free access to my parents back garden which is causing my mum a huge amount of anxiety. They have checked on the land registry website and it shows that this portion of wall on the edge of the car park belongs to house X.

They have spoken to their insurance company who have advised they write and ask the people at that address to fix the wall and remove the bricks. They have told my parents they are not allowed to touch the bricks as the bricks are not their property and that they also cannot leave them on the other side as it would be tresspassing as it's private land. My parents wrote and asked them to make contact by a set date but this date has passed with no contact. The insurance company say the next step is to take them to court. My parents would really like to resolve this without going to court. The other concern is that if they did take them to court then my parents may end up paying for the costs if it didn't go their way, which they cannot afford. My parents are good people and don't want to make anyone's life difficult - perhaps it's a sitiation where the other party cannot afford to fix it, but my parents need them to make contact at the very least to discuss it and to try and find a solution. They have mobility and health problems and wouldn't feel confident just walking round for a chat.

I'm just wondering if anyone has any experience with something like this or can offer some advice?

OP posts:
mrsm43s · 08/04/2022 13:35

If you removed all the loose bricks from the wall, would it be reasonably sound?

Perhaps have a chat with the neighbours (knocking on their door is probably going to get more response than sending letters) and get their permission to move all the loose bricks onto the ground. If your parents have a fence up, then not having a wall there isn't likely to be too much of an issue really, is it?

I have elderly parents myself, and just think that fixing and moving on is the right course of action. I know people can get really riled up about "rightness" and "wrongness" and "fairness", but your parents need to not be spending their time worrying - so finding the easiest way to fix the problem is probably more important that finding the "right" way to fix it, IYSWIM. So if it's possible that you and your family can find a way (with the wall owners agreement) to make the wall secure so that the fence can be fixed/replaced, then that's the way to go.

MaverickSnoopy · 08/04/2022 18:33

@mrsm43s I completely agree and that's what they want too. So long as they can put up a new fence, they're happy. It's just working out how we can make that happen. Logistically for us it's tricky. My parents can't afford to get someone to sort their wall out as well as buy a replacement fence. We don't have the time to help - DH has two jobs as it is and we have 3 young children and it wouldn't be safe for me to do it with their "help". I'm genuinely not trying to make obsticals and just want to get this sorted out as quickly as possible.

They really can't put up a new fence without it being sorted (one way or the other) either, because when it goes it will knock down whatever fence is there. I haven't looked at it all of the way along yet but according to my parents the entire wall is currently being held up by ivy and plants and the whole thing is wobbling and swaying.

Off the back of your post I had a chat with my Mum earlier and raised your points. We both agreed and she's writing off her lovely trellace, which is a shame but it is what it is.

OP posts:
Theoldwrinkley · 08/04/2022 18:49

It is trellis!

MaverickSnoopy · 09/04/2022 07:33

@Theoldwrinkley you're right it is! I actually know that, yet for some reason I've written it an entirely different way. It's really annoying when people make obvious spelling mistakes isn't it!

OP posts:
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