Retaining wall - who is responsible?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Retaining wall - who is responsible?

    I am doing my own conveyancing to buy a btl. The rear boundary is a high retaining wall that goes across 4 terraces. The seller assures me that the business that is on the land behind is responsible for its maintenance. The deeds do not mention it.
    I was under the impression that any wall not mentioned in the deeds as belonging to one property or the other was deemed to be a party wall with joint responsibility for maintenance. Is this correct?
    Is there anywhere else I can look to see who owns it?
    Does the fact that it spans four properties mean that it belongs to the business, or is this just and assumption and not legally enforceable?
    There is no mention in the deeds that they have right of access through my garden to repair it.

    If anyone knows the answer I would be very grateful for some advice. I need this to be legally watertight as it will cost thousands should it have to be re-built.

  • #2
    You are right to be cautious get copy of deeds for business adjoining from land registry assuming title registered. If deeds are silent consider walking away particularly if the wall is not in good condition.

    You can not draw any conclusions on ownership by assumption that would give you certainty.

    Comment


    • #3
      As Alexlandlord mentions checking the affected registered titles can assist but take a look at our online FAQs re boundaries as well - www.landregistry.gov.uk

      Comment


      • #4
        Thank you for your replies. As you suggested I am trying to look at the deeds for the property behind.

        Land Registry rep - it's slightly complicated as I believe business A rents the land behind 'my' property from business B which is adjacent.
        Business A results from Find a Property are "Sorry, we have been unable to find a property that matches
        your enquiry. Please try searching in a different area."

        Business B comes up with "Sorry, we do not have a record of any titles for this property. This does not
        necessarily mean that the property is unregistered."

        Can you advise how I can see the deeds for business B? Is there another way to get the information from the Land Registry, or do I have to go & knock n the door....?

        Comment


        • #5
          If the property is rented then it may come back to the freehold ownership anyway - all depends on the demise/extent of the lease etc

          If the postal address searched against has generated a lot of information e.g. several business units/leases all using the same or similar postal address in some way. Especially true if there is one large freehold title with numerous leases. The system would not reveal these electronically. Whilst some users might welcome this others might be aggrieved that they then had to look at each individual title and pay £3 a time.

          For Business B I would do a paper search using form SIM to establish what title(s) if any the title is registered. A plan identifying the precise piece of land/property would also be required. Our online FAQs refer to the process under Ownership of land/property

          The paper application is completed by return and any freehold and/or leasehold titles would be revealed. You could then search online against each title as appropriate or make further paper applications as you wish.

          Business A's result is likely to be related to the address searched against i.e. the address does not match that held. The paper SIM application mentioned above would resolve that but obviously any plan used would need to identify the full extent to be searched - if you have a copy of the plan for the title you are interested in buying and it also shows Business A and B then a copy of this clearly marked could be used.

          If you remain unsure of what is required then Contact Us via the website either by email or phone as directed and we can explain the processes as necessary.

          Comment

          Latest Activity

          Collapse

          • Land reg tribunal ..quick question
            Rosierees
            If the respondant decides just before a hearing to settle before the hearing and we as applicants also agree what happens after the consent order is sent to the judge
            ? Thanks...
            20-08-2017, 11:05 AM
          • Reply to Land reg tribunal ..quick question
            Moderator2
            Two related threads have been merged
            20-08-2017, 18:58 PM
          • D I Y Lease Variation.
            Trevor62
            Due to the purchase of a freehold (shared 50/50), We need to vary the leases to accommodate the changes for our own purpose. We have be told that there is a fee of 750 pounds per lease, this does not include legal fees.

            How possible is it to do this process ourselves so to avoid legal...
            07-07-2017, 09:45 AM
          • Reply to D I Y Lease Variation.
            leaseholder64
            You will need to sign as both leaseholder and trustee for the freehold. I assume this will need to be done as a deed, so you will need to get the signatures witnessed. If there is a mortgage associated with either property, you will need to pay the mortgagee for approval and they may insist on a ...
            20-08-2017, 10:50 AM
          • Reply to D I Y Lease Variation.
            Gordon999
            You can have a meeting of the 2 freeholders and agree to terminate the collection of ground rent and whatever minors actions which you want . The items agreed by both parties would be entered into a document signed and dated by both of you as variations to the lease which you could send to Land Registry...
            20-08-2017, 10:41 AM
          • Selling empty property
            londiner
            Hi, I am selling an empty house without a tenant who moved out recently. The Estate agent told me the prospective buyer would live in the house. My solicitor I found online for this transaction based on a very competitive conveyasing fee sent me a contract to sign where the buyer is a limited company...
            09-08-2017, 19:31 PM
          • Reply to Selling empty property
            ram
            You can ask, but 24hours is irresponsible.
            But it takes as long as it takes for a solicitor to VERIFY you or he has the funds, then throw the keys into the estate agent that sold the house.What is YOUR RUSH ? for 24 hours.
            no need to answer as 24 hours is unacceptable.


            ...
            19-08-2017, 21:23 PM
          • Reply to Selling empty property
            londiner
            Can I ask solicitor to set interval between exchange of contracts and completion to be 24 hours maximum?

            And, are there any penalties for the other party if they fail to complete on set day? Can I call off sell if completion does not happen when it should and drags on?
            19-08-2017, 20:32 PM
          • Cancellations and the ramifications
            APorter910
            My nan has been in the process of selling her house for some time, all of the paperwork has been signed (I’m not sure which) and it’s getting close to her handing the keys over. She is looking to move into a smaller house, but needs to wait until everything is finalised until she can put an offer...
            Gorvins conveyancing solicitors in Manchester are trusted residential property experts that have decades of experience when it comes to buying or selling homes.
            17-08-2017, 18:37 PM
          • Reply to Cancellations and the ramifications
            Gordon999
            Your nan should not hand over any keys until the money has been paid into your nan's solicitor. bank account
            For the sale to proceed , there must be an exchange of sale contracts between buyer and seller solicitors and 10 % deposit paid. and an agreed exchange date.

            If buyer has...
            19-08-2017, 18:42 PM
          Working...
          X