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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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My property is on a hillside and i have three properties on

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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.

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Customer: replied 5 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


Hello Sheila,

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

Thank you for your patience,

Were the houses built at same time?
Customer: replied 5 years ago.

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

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

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.

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The thread remains open for us to continue this exchange

James Mather,
Category: Law
Satisfied Customers: 22629
Experience: Senior Partner at Berkson Wallace
James Mather and other Law Specialists are ready to help you
Customer: replied 5 years ago.

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

Glad to help