I inherited a semi-detached in the East Midlands earlier this year from my father. The property sits slightly higher than the neighbour’s, and between the two rear gardens there is a brick retaining wall approximately four feet high that is in poor condition. Several bricks have come loose, there is visible cracking along the mortar joints, and during heavy rain last month a small section at one end partially collapsed.
I had a builder round last week who said the wall needs to be taken down and rebuilt from the foundations, and quoted around £4,500 for the work. The fact is, this wall is doing structural work holding back the soil on my side, so leaving it is not really an option.
The problem is the neighbour. I knocked on her door to discuss it and she was polite enough but said it is “my wall” and therefore my responsibility. I have checked the title deeds and the boundary is marked with a T on my side, which I understand means the wall is indeed my responsibility to maintain. However, the builder pointed out that her side has been rendered at some point (i.e. she or a previous owner has attached render to my wall without permission) and that render may have contributed to moisture getting trapped in the brickwork.
So my questions are:
- If the T mark is on my side, am I solely liable even if her works contributed to the deterioration?
- Can I require her to remove the render from her side before I rebuild?
- Is there any mechanism to recover a share of the cost given her alterations may have caused the damage?
I would rather sort this amicably but she does not seem interested in engaging. Any advice from people who have dealt with similar boundary disputes would be appreciated. TIA.
The T mark on your side means the presumption is that you own and are responsible for maintaining the wall. That said, it is only a presumption and not always conclusive, particularly in older titles where the markings were added at first registration rather than by agreement. But practically speaking if the T is clear then yes you are liable for the rebuild cost. On the render, you are on stronger ground. If she or a previous owner applied render to your wall without consent that is technically a trespass, and you can require its removal. Whether the render actually caused the deterioration is a separate question and you would need your builder or a structural surveyor to confirm that in writing if you wanted to pursue a claim. In terms of recovering a share of the cost, you could try a letter before action under the principle that her unauthorised works contributed to the damage, but from recollection these disputes almost never get resolved that way. Most people end up paying the full cost themselves and chalking it up to experience. A solicitor’s letter might prompt her to engage but it could also make the relationship worse.
Martin, Grumpy has covered the legal position well so I will not repeat it.. Two practical points from someone who has been through this.
First, get an independent structural surveyor to inspect before you commit to the builder’s quote. A surveyor can document the render issue, the moisture damage, and whether the collapse was caused or accelerated by the neighbour’s works.. That report becomes your evidence if you ever need to pursue her formally. Cost you maybe £300 to £400 but worth every penny. I had a very similar situation with a retaining wall at one of my BTLs in Gateshead about twelve years ago, neighbour had built a raised patio on their side which increased the loading on my wall.. The surveyor’s report was the thing that got them to contribute (not willingly, mind).
Second, before you rebuild, take photos of every inch of both sides of the wall including the render.. If she refuses access to photograph her side, note that refusal in writing. Sounds paranoid but these things have a habit of escalating.
Cheers!
Thanks both, very helpful. I have taken Artful’s advice and contacted a local structural engineer who can come out in the first week of August to look at the wall. The quote for the survey is £380 which seems reasonable. I will also get some photos this afternoon while the light is good, as Grumpy suggested, to document the current state of things.
One follow-up question. The wall has actually started to lean quite noticeably in one section and there is loose masonry at the top that I am worried could fall into the neighbour’s garden (or mine, for that matter). Am I within my rights to carry out temporary propping or make it safe without the neighbour’s agreement, given that it is technically a shared boundary? I do not want to give them any ammunition to claim I have interfered with their property, but equally I do not want to be liable if a chunk of it falls on someone. The neighbour still has not responded to my letter.
If its dangerous you have a duty to make it safe. Prop it, photograph everything before and after, and keep receipts. Dont wait for a neighbour who wont answer a letter.