Garden wall not mentioned in deeds...covered?

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  • Garden wall not mentioned in deeds...covered?


    I'd really appreciate your advice as I am having several problems of which this is just one re the property!

    After months of issues with the drains blocking, we finally contacted our insurers as the last drain clearance guy told us he thought we may have a collapsed sewer pipe. Which we now know we do. The insurance company sent ANSA out to do the CCTV, they submitted their report and they came back today to do the work.

    The same people who did the CCTV came back today, looked at our garden wall (old stone with cement render about 4 foot high) and said they hadn't noted it before. Their issue was that it is leaning and that as the area they need to dig runs along this wall, they would need to submit another report. They told my partner to ring the office and discuss the matter, and promptly sodded off.

    The wall IS leaning and this was highlighted in the structural survey when my partner bought the property. However, it doesnt appear in the deeds or next door's deeds, so ownership is sketchy. We recently spoke to the owner of next door and he is happy for us to do whatever we want with the wall. Our property is a house of three flats.. we own the freehold to all and the ground floor leasehold. The other two flats are tenanted and the owners are not willing to spend any money on anything.

    I am guessing that if the wall is not ours that the insurance company wont want to deal with this. I know the other leaseholders wont reply or want to deal, even though one of the tenants has complained about the toilet not flushing before. I am fed up dealing with morons and I would love to hear your comments as to what I need to do from here and what is likely to happen. Really appreciated.


  • #2
    My two cents, for what it's worth:

    If the wall has to be demolished to investigate the drain, does it really make any difference whether it belongs to you or the neighbour? It will still have to be re-built afterwards whether it is yours or the neighbour's.


    • #3
      My query is really who pays... are we covered? I can just see this becoming very difficult. If the insurance won't cover the removal of the wall, the other leaseholders will refuse to pay as they seem to refuse to pay for anything. Along with other issues with the property it is currently a real pain living here at the moment, sorry for moaning but it's been a bad year so far and this stuff just really doesn't help


      • #4
        Your insurer should pay.


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