Help re: wall issue

[Affa7724]

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?

[Temp]

Do the title deeds from either property say who is responsible for maintenance of the wall/fence?  They can be sent to you by email for a few £ each from the (real) land registry website...

 

https://www.gov.uk/government/organisations/land-registry

 

Normally the responsibility for a retaining wall belongs to the property who's land is being retained unless there is something else in the deeds or in writing.

 

However if he successfully claimed for damage to the wall that probably means your insurance company believes your fence damaged his wall ... Eg the wall is his. 

 

I think you need to check the title deeds and possibly any planning permission he might have obtained in the past. Do they show a new retaining on his plans?

 

You might consider writing to the insurance company asking them for details of the previous settlement with the neighbour. Was it conditional on him repairing his wall?

 

How wide  is the gap between your building and the boundary?  Do you know how deep the foundations are of your parents house?

 

 

 

Edited March 16 by Temp

[Affa7724]

Thanks for your reply.

 

Nothing at all on either deeds. No planning applications. The wall (decorative) was newly built after my parents moved in.

 

insurance company don’t have any info (beyond the amount). We believe it was a retaining wall that they were paid out on (at least in part) as the neighbour admitted the cost included structural plans. So long ago now that unfortunately the insurance part may not be that relevant.

 

At closest point, about two metres. Not sure of foundations but it was a self build project about 20 years ago so I think they will be sufficiently deep.

Thanks.

 

Edited March 16 by Affa7724

[Affa7724]

*to add

 

The deeds say that my parents need to put a fence up (can’t recall the size, but I think a standard privacy fence).

 

At present this isn’t possible as the ground is not stable.

 

But no mention of a wall.