How can I tell who is responsible for a large retaining wall ?

[Gary111]

There is a large dry stone wall at the end of my garden which retains my garden, which is a lot higher than the property at the end.

My house is in a row of 4 old terraced cottages, the wall is bowing along the section at the end of my next door neighbours garden.

The people at the back are asking me to contribute to it's repair, which could be expensive.

I can't see anything in the deeds, is there a set rule as to who is responsible?

 

[Charlie George]

There is a large dry stone wall at the end of my garden which retains my garden, which is a lot higher than the property at the end.

My house is in a row of 4 old terraced cottages, the wall is bowing along the section at the end of my next door neighbours garden.

The people at the back are asking me to contribute to it's repair, which could be expensive.

I can't see anything in the deeds, is there a set rule as to who is responsible?

Normally the owner who's land is being retained is responsible, if not mentioned on deeds.

Retaining walls - Alwena Jones and Bright Solicitors

Boundary disputes and questions over boundary responsibility often come at a very high cost with sometimes very little reward, so it is important to establish who has responsibility for a boundary. We have previously written a blog setting out the legal basis for establishing boundary...

alwenajonesbright.co.uk

 

[HERTS P&D]

Is this one of those joke threads?

Andy

 

[Gary111]

Unfortunately not haha

 

[Dereekoo]

So your bit of retaining wall is OK but your neighbours isn't and someone is asking you to contribute to its repair? My drive needs repairing can you send me some money please.

 

[Gary111]

Well yes, I had a chat with them, they said it will be risky and they are having problems even getting companies to quote due to the height.
At one point they said my part may not collapse.
I am wondering if they really mean if we dismantle this part and your part collapses we want you to pay for it.

It doesn't say that in their letters though.

 

[^woody^]

You are not responsible for a retaining wall or any wall unless is something, some document saying that you are.

 

[clifford1]

You are not responsible for a retaining wall or any wall unless is something, some document saying that you are.

So if neither the upper or lower garden owner has such a document then the wall just falls over and stays there, no one has responsibility to do anything?

 

[jeds]

Without a specific note in the title, ownership of a wall can be difficult to prove, but in the case of a retaining wall it will usually be whoever built the wall. Sometimes people build a wall to retain land so they can build something on the higher ground. In that case the wall, and responsibility for maintenance, belongs to the owner of the higher ground. Sometimes people build a retaining wall in order to increase the usable area of the lower land. In that case the wall and maintenance belongs to the owner of the lower ground.

 

[^woody^]

So if neither the upper or lower garden owner has such a document then the wall just falls over and stays there, no one has responsibility to do anything?

The OP can't be expected to go on to someone else's land to manage a wall he is responsible for.

If the higher land owner had built the wall to retain his land then it would be documented.

If the lower landowner had built the wall to retain the higher land, then it may not necessarily be documented, but maintenance implied on the lower landowner.

 

[Tigercubrider]

Retaining walls - Alwena Jones and Bright Solicitors

Boundary disputes and questions over boundary responsibility often come at a very high cost with sometimes very little reward, so it is important to establish who has responsibility for a boundary. We have previously written a blog setting out the legal basis for establishing boundary...

alwenajonesbright.co.uk