Boundary wall law

[UnclePhilip]

Acting for a charity, I'm to project manage the repairs to a large (and very old) brick boundary wall. The charity has responsibility for it, with T markers on old conveyance documents. It is also a retaining wall, the neighbours' gardens being about 5' lower. Engineer's report specifies metal rods behind re-pointing, and a number of buttresses in neighbours' gardens.

I am just now discussing with each neighbour. I'd like to know the legal position here; if a neighbour refuses (buttresses are not the prettiest feature in a modest-sized garden), can the charity do anything other than shrug shoulders, write a letter to neighbour, for file, expressing disappointment but cover collective backs if wall collapses later?

Avoiding any conflict is of very high priority; but, on a 'just in case' basis, what is the legal position?

Thanks

Uncle

[Clitheroekid]

You should check the title deeds, as they may well give you specific rights to enter the neighbour's property to maintain and repair the wall.

However, even if such rights are reserved I very much doubt that they would extend to building buttresses on the neighbour's land unless the wording is in very generous terms.

If the engineering advice is that the construction of a buttress on that particular piece of land is essential but the owner refuses then you might be able to make a court application under the Access to Neighbouring Land Act 1992.

This empowers the court to make an order allowing you access to carry out ‘basic preservation works’ which include `the maintenance, repair or renewal of any structure in the dominant land'.

Section 5 of the Act says that:

"If the court considers it fair and reasonable in all the circumstances of the case, works may be regarded for the purposes of this Act as being ... basic preservation works ... notwithstanding that the works incidentally involve—

(a) the making of some alteration, adjustment or improvement to the land"

I don't know whether this would extend to building a buttress, but if the evidence from the engineer was strong enough I would think that it might.

[Grumpsimus]

The first point I would make is that the proposed works appear to also benefit the adjoining property. It would not be it the interests of the adjoining owner for the wall to collapse on to their garden. With this in mind they might be receptive to the idea of buttresses supporting the wall.

Secondly, you could consider appointing a Surveyor under The Party Wall Act 1996, this not only covers Party Walls, but also cases where you need access to adjoining land to carry repairs to your property. The Surveyor could make legally binding determination of the work required, which might include buttresses. You be required to to meet the costs of the Surveyor and the costs incurred by the adjoining owner.

However, I would suggest that an informal approach to the adjoining owner outlining the problem and seeing their reaction should be the first step.

[djm55]

Secondly, you could consider appointing a Surveyor under The Party Wall Act 1996, this not only covers Party Walls, but also cases where you need access to adjoining land to carry repairs to your property.

But from the description given by the OP this wall does not form part of a building and is not a "party wall" covered by the Act. Neither is it covered by the provisions for a "party fence wall". The Rights of Entry provided by the PW Act do not apply.

“party fence wall” means a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the artificially formed support of which projects into the land of another owner;

CK's advice is best!

[UnclePhilip]

Thank you Clitheroekid, much appreciated....

[ten0rman]

I wonder if I could propose an alternative idea to that proposed by the engineer. It may be that the idea has already been thought about and discarded.

When I bought my present property, the dividing retaining wall between myself, and my neighbour had been damaged due to my predecessor having allowed five trees to grow against the wall. This wall varied between about five feet and three feet high and in places was holding the land on my side level with the top of the wall.

I removed the trees, then obtained a couple of quotes for repair of the wall, and the one I went with was to rebuild the wall, add an additional double brick wall inside the repaired wall and to add pillars on the inside of the existing wall. It was pointed out by the builder that further along, the existing wall was in fact leaning slightly. As a result, I later dug out and installed an additional double brick wall inside this portion of the existing wall. In other words, the existing wall was rebuilt where necessary, and converted to a quad brick wall along with a pair of pillars, all of which is hidden by virtue of being buried inside of the existing wall. 20 years later there is no evidence of any further movement.

Regards,

ten0rman