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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, in the rear garden of our property is a 4 ft high retaining

Resolved Question:

Hi, in the rear garden of our property is a 4 ft high retaining wall running along the right hand boundary. On the title deeds, it shows that my neighbour is responsible for maintaining all walls and fences on that boundary.

In a storm a few week ago the fence on top of the wall blew down and caused the wall to collapse into his garden. Am I right in saying that the wall is his responsibility?

A couple of points;

- No soil has collapsed into his garden
- There were five conifer trees very close to the wall on my land.
- Neither of us could access the wall to maintain it as he has thick hedges snug all the way along the boundary.

What is the best course of action? and who is responsible for the wall/fences collapsing?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Yes, if the deeds state he has responsibility then yes he would be liable.

Alex Watts :

If he is responsible for the wall then it is reasonable to assume he is responsible for the fence too

Alex Watts :

You need to get a number of quotes for getting the work put right - you then have a loss

Alex Watts :

You need to write and set out your losses and request a payment or they do the work within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Many thanks for your answer. Just to clarify;The responsibility is still his, although it is retaining some of my higher land?
Alex Watts :

Yes. The deeds state that is the case.

Alex Watts :

Does that help?

Customer: Also, could he blame my tree roots caused the damage?
Alex Watts :

If your roots caused the damage then you would be responsible.

Alex Watts :

But he would need a surveyor report to confirm this.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


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