You are not careful, the local authority will issue a dangerous structure notice compelling whoever owns the wall to repair it or make it safe and if there is an argument over who owns it, they will simply do it and then take whoever they think owns it to court for the cost. The fact that it’s leaning into your land is irrelevant. They can issue a dangerous structure notice even if it’s on private land and you are quite happy with it quite simply because anybody else could get injured and that would include trespassers under the Occupiers Liability Act 1984.
In the absence of anything to the contrary, any boundary wall would be jointly owned unless it’s obviously on one person’s land all the others.
I disagree that it’s pointless in suing the neighbour because if there are no assets, there is no point in having a trust and the trust has land and the land has value. On the contrary, it is worth suing the trust because the trust will not have any money to litigate and therefore you should get judgement against them which you can then enforce by, if necessary, and forcing sale of the land. It’s not going to be a do-it-yourself job but you would need to see a different lawyer.
I’m afraid that we are specifically not allowed to take instructions from here.
If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation. With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.
In any event, for logistical reasons you would be better using a local solicitor .
I am glad to help.
Hopefully, I have answered your query in a way that is simple and easy to understand.
I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.
I am happy to answer any specific points arising from this.
Please be aware that my answer is based strictly upon the information you have given me.
If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.
I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.
That only applies to new threads, not this one. You have me exclusively on this one.