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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 2663
Experience:  Freelance Solicitor at Self Employed
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On 24th April 2020, a Sofology delivery into my neighbour's

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Hi
JA: Hi. How can I help?
Customer: On 24th April 2020, a Sofology delivery into my neighbour's property knock down the boundary wall between my property and my neighbour's property. The Sofology claimed an email to me that they had already settled with my neighbour and would not give any other details.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: After two years of trying hard with my neighbour to get the wall rebuilt as due to the damage it is now extremely dangerous and fragile. But when he has categorically refused to built, out of courtesy, I informed that I was going to my home insurance company to get it rebuilt.
JA: Where is the home located?
Customer: The insurance company agreed to rebuilt it via a construction company so the night before the arrival of the builder, I thought I let my neighbour know of it so he can park his car slightly way from the wall to prevent any damage. But he was adminant to let the proposed work to take place either in fear that the insurance company will make a recovery from him for the expense of building the wall and same time he claimed that the wall is in question is his.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: However, I have previous seller of my property's Seller Property Information Form, that stated as follow with regard to the wall in question " 1.1. Looking towards the house from the road, who either owns or accepts responsibility for the boundary: (a) on the right?", the tick answer for this is "We Do".

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Hi there,

Could you please confirm if you are responsible for the upkeep of the boundary wall or it is joint responsibility of you and your neighbour?

Customer: replied 12 days ago.
As per the my property seller's "Seller's Property Information Form" goes, it stated that I am responsible for the upkeep of the wall is in question. Can I send the above-mentioned document, if you like for a better understanding.

Yes, please attach the form here.

Customer: replied 12 days ago.
file sent
Customer: replied 12 days ago.
I have a picture of the wall as well showing the property lines, if you world like to see that?

I will go through the attached form and will get back to you with my answer shortly.

Hi there,

The Access to Neighbouring Land Act 1992, also grants legal right to the neighbour to access to their neighbours land for necessary repair works. The Access to Neighbouring Land Act 1992 enables access to adjoining or adjacent land for the purpose of carrying out ' preservation/repair works' to one's own property.

Generally, if you go onto your neighbour's land without their permission, you are trespassing. However, if you need to repair your home/property  and to do so need access via your neighbour's land, you may go onto your neighbour's land without getting their permission.

In order to preserve good relations with your neighbours, you should still ask their permission before going on their land. If you have a relationship with your neighbour, it's always preferable to speak to them face to face, but you can also request access in a letter. If they refuse and try to stop entry, you can seek an order from the court forcing them to give you access. The Access to Neighbouring Land Act 1992 enables access to adjoining or adjacent land for the purpose of carrying out 'basic preservation works' to one's own property.

So, your neighbour can not block your access if you are looking to repair your boundary wall.

I hope this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 12 days ago.
Thanks but looking at the Seller's Property Information Form and the picture, attached, can on establish that I am responsible for the upkeep as he claims that he own the wall.

From the TA6 form , it is your responsibility to maintain the wall.

You can also check the title deeds and the title plan of your property. . When looking at the plans, the ownership is indicated by a “T” marked on the plans on one side of a boundary.
• If the “T” is written on your side of the boundary, you're responsible for maintaining it.
• If there's a H (although actually it's two joined Ts) the boundary is the joint responsibility of both parties.

Customer: replied 12 days ago.
Thanks, ***** ***** last check, if you can; look at the deed, I can't see any Ts or Hs. The page 3 of the attached deed shows property boundaries without any Ts or Hs.

Hi there,

The title map attached is illegible. it is not clear from the attached map.

Customer: replied 12 days ago.
Thanks, ***** ***** only sending the title map, if the previous picture wasn't clear. I understand the map doesn't give any thing more than just property's boundaries.

Any repair obligations regarding the boundaries in the covenants of the title deed?

If the Title Register/Deeds are silent in relation to the responsibility for boundaries then the legal position is that the boundaries are party boundaries and as such the responsibility for maintaining the boundaries is shared equally between you and the owner of the property next door who also has use of said boundaries.

Customer: replied 12 days ago.
Thank you so much for your help and you have addressed my question in great details, much appreciated.

You are welcome. Have a nice day & Stay safe.

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