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wingrovebuyer
wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 581
Experience:  I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
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My neighbour has built a retaining wall to prevent his land

Resolved Question:

My neighbour has built a retaining wall to prevent his land slipping down onto ours. No prior notice was given before removal of a hedge and only 4 days notice given before commencement of building the wall. The wall appears poorly constructed and unsuitable for its intended purpose. Also, he has encroached onto our property though this is now difficult to confirm. We have requested specifications for the build which our neighbour has ignored.We informed the local authority who indicated that no planning application was made or consent given for the work. The local authorities request for the specifications has also been ignored. We would like the wall to be removed and rebuilt on his own property. Also, we would like a legal document stating that the wall is part of my neighbour's property whose owners will be responsible for its future maintenance and liable for any damage to our property should the wall deteriorate. It has now become increasingly urgent to resolve this problem since my neighbour has just placed his property on the market. My solicitor appears to be fairly ineffective and we will be left with a huge problem, including reduced value of our property due to the appearance of a wall more suitable for an industrial site rather than a residential area. We would welcome your advice.

Submitted: 10 months ago.
Category: UK Property Law
Expert:  wingrovebuyer replied 10 months ago.

wingrovebuyer : Hello. The first thing to do, if you feel you can, is to write to the etstate agent selling the house and advise them that you have a potential dispute over the wall. They are en duty bound to advise any prospective buyers. I have used this tactic before, and it is usually effective because the neighbour will be unable to sell his house with the potential dispute hanging over him. After this, you then need to get a surveyed to professionally establish the exact boundaries using the title information for both properties. This will tell you if the wall is on your land. If it is, you can require the neighbour to remove it and restore your land. Was the hedge a party boundary, or just his or yours?
wingrovebuyer : Hello. Do you require further assistance?
wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 581
Experience: I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
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