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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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RETAINING WALL. Between my property and my neighbour, there

Customer Question

RETAINING WALL. Between my property and my neighbour, there is a 15metre long retaining wall (ranging from 50 to 150cm in height). I'm on the lower ground level. The wall has been pushed towards my side by two trees on my neighbours side. Who is financially responsible for the repair of the wall, as it is their land being retained?

There are a couple of trees on my side that are effectively holding the wall up. I'm happy to pay for the removal of these particular trees, but should my neighbour pay for the bulk of the reparation of the retaining wall itself?

We are getting quotes, in amicable agreement with the neighbour, but there are 5 flats that make up next door and only two of us on my side (I'm the freeholder and my leaseholder lives upstairs). The key thing is we are yet to discuss how to divide the costs. The boundary in question is on their south / east side so it is their responsibility, but it is not entirely clear who 'owns' the wall. I think they're expecting a 50/50 division of costs between properties, but I'm reluctant to pay more than I legally need to. The quote for the work is averaging around £6000 in total.
In order for them to successfully put up a fence (which their deeds stipulate) they need to address the wall issue. And any attempt to remove the problematic stumps that are pushing the wall, would result in more wall damage. So the whole wall/fence job needs to be done together. I'm keen for it to be done for privacy issues too.

Extracts from the deeds:

MY DEEDS:

Schedule of restrictive covenants

THE FIRST SCHEDULE above referred to
1. BUILDING LINE AND FENCES.- Where a building line is shewn on
the Plan, nothing is to be erected between that line and the frontage
line,except fences, which are not to exceed six feet in height. No
fence shall be used as an advertising station, or to be so
constructed or used as to be a nuisance or injury to the Owners of
the adjoining plots.Each Purchaser is to make, when required by
notice in writing from the Vendors, and afterwards to
maintain,good and sufficient fences on the sides of his plot
marked T within the boundary lines. If any Purchaser shall make
default in erecting any such fence within thirty days,or in
repairing any such fence within ten days after notice requiring
him so to do shall have been given to him or left for him at his
residence or on his Plot by the Vendors,then the Vendors shall be
at liberty forthwith to erect or repair any such fence,or to erect
and keep in repair a temporary fence; and the Purchaser making any
such default shall on demand repay to the Vendors all moneys
expended for the purposes aforesaid and all expenses relating
thereto.


NEIGHBOURS DEEDS:

Proprietorship Register

3 (09.01.2006) The Transfer to the proprietor contains a covenant to
observe and perform the covenants referred to in the Charges
Register and of indemnity in respect thereof.

Schedule of restrictive covenants

(b) The purchaser is to make and erect within one calendar month
after notice in writing from the vendors and afterwards to
maintain good and sufficient fences not exceeding five feet in
height on the side of his plot marked T within the boundary lines.
No fence shall be used as an advertising station or be so
constructed or used as to be a nuisance or injury to the owners of
the adjoining plots. If any purchaser shall make default in
erecting any such fence within thirty days or in repairing any
such fence within ten days after notice requirirng him so to do
shall have been given to him or left for him at his last known
place of residence or on his plot by the vendors then the vendors
shall be at liberty forthwith to erect or repair any such fence or
to erect any keep in repair a temporary fence and the purchaser
making any such default shall on demand repay to the vendors all
moneys expended for the purposes aforesaid and all expenses
relating thereof.

NOTE 2: A 'T' mark referred to in clause (b) above affects the
southern boundary of the land in this title.



Please help if you can. Many thanks

MD
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Joshua replied 3 years ago.
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