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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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My property is on a hillside and i have three properties on

Customer Question

My property is on a hillside and i have three properties on the right hand downhill side, The fence between myself and these properties is in urgent need of repair , at one point the retaining wall( holds earth from my garden) is collapsing on to a neighbours garden. Who is responsible for the fence and ground works needed? I have checked our plans and no T markers are visible.
Submitted: 3 years ago.
Category: Law
Expert:  Shantal-Mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Shantal
Customer: replied 3 years ago.

Hi Shantal.


Thank you for your assistance I do need to know as soon as possible as the garden is slipping into the neighbours garden every day ! I don't want to confront them till i know where i stand legally


Sheila.

Expert:  Shantal-Mod replied 3 years ago.
Hello Sheila,

We will continue to look for a Professional to assist you.

Thank you for your patience,

Shantal
Expert:  Stuart J replied 3 years ago.
Were the houses built at same time?
Customer: replied 3 years ago.

yes i think so . They are all on the plan i have.

Expert:  Stuart J replied 3 years ago.




In which case, the wall is likely to be a party
wall and therefore you are jointly responsible for it in that it provides a
dual purpose. Indeed, a triple purpose.

It denotes the boundary, it retains your garden, and
finally, it stops your garden, falling in to next door. It is of benefit to
both of you.



If the neighbour disputes this, would be worthwhile
printing this thread and showing them.



You will have the benefit of it and they also have
a benefit of it, and under the doctrine of mutual benefit and burden, you both
have to contribute towards its repair.



If it falls down, you lose your garden and so do
they.



I would check your house insurance and advise your
neighbour to do the same in case you are insured either for the rebuilding cost
if it is through subsidence or for the legal costs of arguing with next door.
If they refuse to take their cheque book out.



Can I help further?



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The thread remains open for us to continue this exchange



Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for advice. I had not thought of house insurance, so will check that out. Many thanks.

Expert:  Stuart J replied 3 years ago.
Glad to help

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