Boundary wall

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    Boundary wall

    Apologies if I've put this in the wrong section. Feel free to move it if so.

    A property I look after shares a boundary with another property. "My" property's car parking space is flanked by a very old (probably original, circa 1900) wall which is in disrepair. It has a large crack in it and a section is leaning due to a large shrub growing on the neighbour's side.

    It's doesn't look like it's coming down immediately and the builder I've had look at it agrees, but something does need to be done.

    I have the title plan for both properties but it's unclear who's responsible for this wall. I've tried writing the owner of the other property but received no response.

    Are we legally allowed to do anything? Our plan is to take the wall down and replace it with a wooden fence. Ideally we'd like to remove that shrub too but that is certainly not on our land and I assume we can't.

    Is there a process I can follow in order to resolve the problem? My client is happy to bear the cost of sorting it out, but I don't want to go taking down walls without permission if we're not allowed.

    Any help greatly appreciated.



    #2
    Looking at title plans will not tell you who owns a boundary feature. You need to look at the property register of each title to see if either contains a declaration about the ownership of any boundary feature. In the absence of any indication, any number of factors come into play to determine who owns a boudary feature. See this thread; https://www.gardenlaw.co.uk/phpBB2/v...php?f=4&t=2247

    Even if ownerhip is determined it does not follow that the owner has an obligation to repair. Express oblgations to repair shown on a title may not be enforceable, as to whch see this thread: ​​https://www.gardenlaw.co.uk/phpBB2/v...php?f=6&t=1727

    For the practical side of boundary probelems you cannot do better than have a look at this site: http://www.boundary-problems.co.uk/

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      #3
      The "ownership" of the boundary (via T marks etc on deeds) may be different to that of the wall itself. Sometimes walls are built just inside of a boundary and is owned by the party that does not "own" the boundary.

      You probably do want to make every possible effort (and provably so) to make contact and see eye to eye before you end up taking down someone else's wall and replacing with a bit of wood. They might also have knowledge or information in their deeds to which you have not had access. Someone lives there presumably?

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