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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello and thanks for your help.The garden brick wall I share

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Hello and thanks for your help.
The garden brick wall I share with a neighbour to the East fell down in high wind some time ago.
Shortly afterwards, the neighbour visited and indicated that his insurance covered garden walls and he would make a claim. Later he returned, saying that the insurance
company stated that all properties on our street were responsible only for the East wall thus they would not pay. We are now looking at having the wall rebuilt and the neighbour has said that we can talk about a contribution from him towards this but he seems to feel that it is my responsibility to rebuild the wall.

The side of the wall facing my property was kept clear of vegetation and was repointed some years ago. The side of the wall facing my neighbour's property was covered in ivy and grape vine and had a structure of wood and netting added to the top in order to allow the plants to grow higher still. I am not aware of any maintenance carried out on
my neighbour's side of the wall. It seems obvious that;
1. The destructive effect of ivy on the wall
2. The additional structure and attached plants, which exceeded a metre in height above the top of the wall at the time the wall fell down
3. The lack of maintenance
were responsible for the wall being brought down in high wind.

It appears from the land register for my property that the walls are party walls and therefore responsibility for repair and maintenance is equally shared.

From the register;
1. Not to do or carry on or suffer upon the land hereby transferred or
any part thereof anything which shall or may be or become or grow to a
public or private nuisance or a damage disturbance or annoyance to the
Transferors or other owners or occupiers in the neighbourhood
2 To contribute a reasonable proportion of the expense of completing
supporting repairing and cleansing all ways sewers drains party walls
and fences water courses and easements used or to be used or capable of
being used in common by the occupiers of the adjoining and neighbouring
properties so far as the same are not defrayed and paid by the Public
Local Authority
3. At all times hereafter to keep the walls or fences on the Northern
boundary.....................of the land hereby transferred in good and
substantial repair the walls or fences on the Eastern and Western
boundaries being party walls or fences and maintainable as such.

I would like to know;
Who is responsible for repairs to this wall?
Can an insurance company decline to cover repair to such a wall based on the side of the property upon which the wall stands?
Where I might find out about the responsibilities for the walls on my property regarding maintenance and if replacement is required, to what standard does the replacement
have to be made? I am concerned that if the wall on the Western side of the property also fails, it could be replaced cheaply rather than replaced in the style of a
Victorian brick wall.

Many thanks
Alex Jakob

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!
Customer: replied 3 years ago.

Hi there,

If someone can give me an answer then I am happy to wait to another couple of days.

Many thanks



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

Thank you for your patience,
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.

Do you have any evidence that it was the neighbours actions that caused it to fall - or are you making an assumption please?

Customer: replied 3 years ago.

Hi Alex.

I can only assume that the wall was brought down by the additional construction and plants that my neighbour allowed to grow upon it. The wall was old and weak and would have fallen down eventually, but perhaps not for many years if it had been maintained instead of having placing strain placed upon it.

The additional dense ivy and grape vine grown from the neighbour's side towered well above the existing wall and surely presented a much greater face to the strong wind. Ivy is also known to damage mortar by sending roots into it. I took many photos of the downed wall showing the extend of the vegetation and the attachment to the wall of additional structures.

Sadly an assumption would not be enough to any Court action.

You would need an expert surveyors report to establish the collapse and causes. Even once you have that you may need to establish that the neighbour knew it was causing damage and did nothing about it.

Generally as you look at the property from roadside you are responsible for a boundary to the left. But it should also be stated in the deeds somewhere.

If it is not in the deeds you are responsible for the East then you are not. This however would generally mean it is shared and should be 50/50.

But you may have insurance for this type of event which may cover you. If not you should explore the split costs in the absence of anything in your deeds.

Can I clarify anything for you about this today please?


Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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