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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31734
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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How can I find out who is responsible for a front garden

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How can I find out who is responsible for a front garden boundary wall when the plans with the land registry documents are inconclusive? The current neighbours have produced property information completed by the previous owner at the point of sale, but how would he have known the answer?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No, I live in UK and question related to property in UK
JA: What steps have you taken so far?
Customer: I have checked the Land registry documents I have and asked someone who previously worked as a solicitor.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No-thank you

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

for the avoidance of doubt, may I clarify the front garden boundary wall you refer to abuts the public pavement/road please?

Customer: replied 15 days ago.
it does
Customer: replied 15 days ago.
Am I still online with you?

  1. thank you. Is this a wall forming the boundary of your property or a neighbours please?
  2. Does the will need repair? 
  3. if so, is the owner of the property reluctant to repair the wall?
  4. Is it relatively clear that the wall is built either on or astride the boundary of the property?

Customer: replied 15 days ago.
The wall forms a boundary between my house and my neighbours, although it has been built within the boundary of the neighbours property. They are terraced houses. It was damaged during recent storms and needs rebuilding. The neighbours are adamant that the wall is my responsibility because of the property information provided by the previous owner at the point of sale.

thank you. The information given by the seller's is in no way determinative and is simply information of what the previous owners believed or in some cases, an indication of past practice which in itself does not form legal precedent.

Responsibility for wall lies with the person on whose land it is built upon. Accordingly, if the wall is built entirely within the neighbours boundary, then it is the neighbours property and as such, responsibility to maintain. If a wall is built astride the boundary line then it constitutes a party wall under the party wall act and in those circumstances, responsibility is shared and in the event of a dispute, a party wall surveyor can be appointed.

Where it is unclear whether a wall is built entirely within a boundary or astride the boundary line or there is dispute on this point, then this May constitute a boundary dispute which you may or may not decide should be resolved through the land registry's boundary dispute service though from what you say, the does not presently appear to be a dispute as regards ***** ***** line or that the wall is built within the neighbours property.

if it is accepted that the wall is built within the neighbours Petit and as such it as their responsibility, it does not however follow that they must maintain the wall unless it can be shown to be dangerous. If you can demonstrate that the wall is dangerous then you can ask the local authority to intervene if necessary to serve an improvement notice to either remove or repair the wall but if it does not pose a danger, then in those circumstances it would be up to the owner of the wall to decide whether they wish to maintain it or not

Customer: replied 15 days ago.
That's very useful, many thanks.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 15 days ago.
I'll do that, thanks again.

I'm very glad the above was of some assistance

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.

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