Hi all,
My elderly parents’ garden is about 1.5 metres higher than their neighbour’s land. About 20 years ago, the neighbours built a wall (approx. 40 feet x 1.5 metres) and my parents built a fence on the boundary. About 18 years ago, the neighbours claimed against my parent’s liability insurance because the fence (and its concrete reinforcements) caused the wall to lean. They were awarded nearly 20k. My parents were not provided with any information about the payout or terms of it. Any record, apart from the amount, has been lost/deleted.
I believe my neighbour should retain my parent’s garden, as they significantly lowered the level 20 years ago before the wall was built. However, the current wall is not a retaining wall, just a decorative one.
In the years since, the wall has remained unchanged i.e. it was leaning but did not fall. My parents tried to communicate with the neighbour but were met with demands for more money before the wall could be rebuilt.
About half of the wall fell during the storms around Christmas. The neighbours and my dad and I had a few conversations around that time and they tried to claim again from their own insurance, without success.
My parents would like to retain their land and have tried to discuss options with the neighbour for building a retaining wall. It appears the neighbour is looking to repair the current wall but not replace it.
He has become nasty and demanding of my parents, feeling they remain reasonable for the original issue, i.e. the overloading of the fence foundations, and have asked that they clear them, lower the level of their land, and remove the fence (the original one that caused the issue). My parent’s garden has been damaged because of the wall collapse. I went to his house and politely asked him not to contact them again.
As it stands, my parent’s house is basically unsellable, as, I believe, is the neighbour’s house too.
It’s basically a mess of a situation and I have no idea how to help resolve it. The neighbour cannot be negotiated with. He is unreasonable and has lied about the payout from my parent’s insurance.
Are there any options that anyone could suggest please?