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Garden wall - am I obligated to repair?


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We bought a terraced house three years ago. There's a large bay tree in the front garden, next to the wall between our front garden and our neighbour's. The tree was growing into the wall, so we cut it back and revealed damage to the wall (pictures attached). The neighbour has "formally requested" that we provide a timescale for getting it repaired.

 

However, the wall is entirely on our property, built up to the boundary line but not crossing it, which would make it our wall, not a party wall.

 

Obviously we want to get the wall repaired eventually, but are we obligated to? Are we not free to do so in our own time, and to our own specifications?

 

Thanks!

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42 minutes ago, jayseeninety said:

However, the wall is entirely on our property, built up to the boundary line but not crossing it, which would make it our wall, not a party wall.

 

Obviously we want to get the wall repaired eventually, but are we obligated to?

 

Not a lawyer, but unless there is anything in your deeds requiring you to maintain the boundary wall, then my understanding is that you have no obligation to fix it - although if it is in a dangerous condition and collapses, then you could be liable for damage or injury. And, unless there's anything in your deeds requiring you to have a boundary wall, you could just demolish it.

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Which house is yours?  the side of the wall painted white or the side of the wall plain brick?

 

Is is a retaining wall, i.e. different soil levels each side, first picture suggests it might be second picture not.

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7 minutes ago, Mike said:

 

Not a lawyer, but unless there is anything in your deeds requiring you to maintain the boundary wall, then my understanding is that you have no obligation to fix it - although if it is in a dangerous condition and collapses, then you could be liable for damage or injury. And, unless there's anything in your deeds requiring you to have a boundary wall, you could just demolish it.

 

Thanks so much, that's pretty much exactly what we were thinking!

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5 minutes ago, ProDave said:

Which house is yours?  the side of the wall painted white or the side of the wall plain brick?

 

Is is a retaining wall, i.e. different soil levels each side, first picture suggests it might be second picture not.

 

Ours is the painted side, and no, it's not a retaining wall.

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  • 2 weeks later...

Just make sure it's stable and not going to topple on any small kids etc. 

 

There's an awful disease among the long term property owner, they assume they own everything they can see out their window. 

 

 

 

 

 

 

 

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