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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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Looking from the front of my property to my neighbours on the

Resolved Question:

Looking from the front of my property to my neighbours on the right, I had a retaining wall of 22" built about 20 years ago. This was because her property stands about 18" above me and her garden kept falling onto my drive.After numerous requests I had the wall built and paid for it.I am about to put my house on the market but the wall has weathered badly and has cracked and ready to fall. Should I be responsible for it even though it is on her boundary and I had it built? Should I wait until any buyers notice and tell them it's hers or bite the bullet and tell her it's her problem and should I get it repaired before someone gets hurt? OR buy a gun!!!!
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Is the particular wall on your neighbour's property?
Customer: replied 2 years ago.

Yes it does. It then extends past her drive and follows the pavement as my property is longer at the front than hers.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

Your neighbour is responsible for the wall as it is on her property, even though you paid for it. Paying for it does not make you liable for the wall unless otherwise agreed with your neighbour.

However,you may want to do some emergency repairs first to avoid it falling on potential purchasers or guests, or yourself! Although your neighbour may be legally liable in the event of injury, you will be morally liable as you know about the state of the wall and if it suddenly falls down and hurts someone, it will be on your conscience.

You would also need to declare any dispute with the neighbour to potential purchasers and this could put them off, so this is another thing you need to keep in mind. If you get the wall repaired at your cost and hike up the poperty price to compensate you for the cost, then no dispute to declare.

Hope this helps

Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Expert:  UKSolicitorJA replied 2 years ago.
You may read more about this here:

http://www.leonkaye.co.uk/declaring-problems-with-the-neighbours-when-selling-your-property/

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