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Boundary wall issue between neighbours UK
Seeking advice on wall/boundary issues. Our neighbour behind us has accused us of knocking down the wall between our properties in Storm Darragh. Checked deeds he owns it fully. It is massive and laughable that we could have even done it. It has not been maintained (v old wall) and is on the boundary of a conservation area (his garden is in the CA not ours). He said it was criminal damage and would call the police. Luckily our other neighbour was a copper and she said rubbish etc. so he basically wants us to pay for it and said so on the phone. He said it needs planning permission (as the old building next to it is also G2L.
He is known for this as the council had to pay to maintain one of his walls which would have fallen on to people/road and they took him to court and he is supposed to now pay for it.
Having a doggo we have put up a wire /stake fence to ensure our side of the garden is secure.
We don’t want it to remain this way – any advice in how to proceed – do we take him to court? What are rules for maintaining boundary walls etc.? Anyone with knowledge would be very helpful.
UPDATE: thank you everyone! Spoke to the council both heritage and building control will look into it. We have done our due diligence they said and it is recorded on file for us. We can put up a fence up to 2m high to secure our garden. Thank you for all of your advice.
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16 Replies
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f it’s a shared wall, you don’t pay for it all – the cost should be split (or that’s what happens with my shared walls!) If it blew down in Storm D, it’s not criminal damage, I would check your House Insurance and go from there. I’m sure others will be on here soon with more advice.
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You need to check your title deeds first of all to see if they indicate who owns wall. If deeds are silent then it’s jointly owned and shared duty to maintain wall. Not sure if that extends to rebuilding it. You could argue you want a different boundary on your side E.g fence panel and it’s up to neighbours what they do on their side. Could check in your insurance policy may assist you with repair or defending any legal claim. Hope this assists
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Ignore him. Keep all communication in written form. I highly doubt he’ll take you to court, he’s trying to intimidate you. But even if he does it sounds like you’ll easily prove you had nothing to do with it.
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It might be worth telling him to check his house insurance to see if storm damage/garden wall is covered and I’d definitely show him a copy of your deeds showing that it’s not your wall and that he should check his deeds too. Good luck.
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I’d simply put up a low /cheap fence on my side, report this to the council and stay well clear of the issue. Taking him to court will be messy, expensive, time consuming, stressful & when you sell it’d have to be declared.
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We were accused of taking down an ancient wall between our leasehold and our own freehold land. The accuser had literally no proof so obviously nothing could be done. I wanted to reassure you on that particular point. He had a lot of funds and regularly took the freeholders to court for the fun of it so he would definitely have fought us tooth and nail if had a chance.
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Personally I’d say let him call the police, he’d need to provide proof that you damaged the wall deliberately! Storm damage is considered an act of god and therefore no one is held responsible, though he should have maintained the wall & kept it in a good condition. I’m not sure about conservation areas but generally a landowner does not have to rebuild/replace a boundary wall/fence. That may well be the same in a conservation area if the wall doesn’t have a protection order on it or if it’s not listed.
I would speak to your local council and also get legal advice from your insurer, most household insurance policies have additional legal cover. However, it’s likely to be a long drawn out issue, and your not so nice neighbour may become even more difficult! Maybe worth considering just putting up a wall/fence/hedge within your own garden
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We had an issue with a bonkers neighbour who would not pay for repairs to a crumbling brick wall we shared. I shoved up a six foot fence just inside my boundary as I wasn’t prepared to fight crazy.
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We had similar issue with our neighbour. We were in CA they weren’t. They wrongly assumed trees were the theirs and cut them down.
I’d speak to your home insurance to see if you have legal cover. It looks like the wall was not maintained in the first place .
I’d also speak to council and advise them.
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Normally there is no obligation to put up anything on a boundary, or I believe, to maintain a wall. It rather depends on the terms of the CA. You will probably have to put up a fence within your boundary.
Assertions aren’t fact. He would need proof of you damaging the wall. I’d threaten him with a harassment complaint!
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Check your buildings insurance because sometimes if you have legal cover it includes party wall disputes. It may be worth double checking with a property litigation solicitor to check the boundaries but it may mean instructing party wall surveyors etc. and legal fees can be expensive. If you’re sure about who owns what then I’d just put a fence up on your side, inform the council of the dispute and ignore your neighbour
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Sorry didn’t have a more specific “push over neighbour’s crusty old wall & blame it on the storm” meme but thought this was still semi appropriate hilarious he actually thought it possible/desirable for you to do it!
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I’d recommend asking this in Your Old House UK – Repair and Conservation as you’ll find some experts on these matters in there who I’m sure would be a great help to you. Hope it’s ok to recommend another group, but I feel it would be really helpful on this one.
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Don’t pay. He sounds like a nasty bully. Tell the Conservation Officer at your local council what has happened. They have enforcement powers. He will probably have to get consent to rebuild as it’s fallen over.
Be careful in erecting a wall yourself as you are on the curtilage of a listed building so you could get into trouble. Ask the Conservation Officer for advice here.
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Samuel, it sounds like you’ve handled this carefully. In the UK, the owner of a boundary wall is generally responsible for its maintenance, even if it sits on the property line. Since deeds confirm it’s your neighbour’s wall, any structural work or demolition is their responsibility. Your temporary fence is fine for safety. It’s good that you’ve involved the council, they can clarify planning rules, especially in a conservation area. Keep all correspondence documented; court action is usually a last resort if disputes continue.
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Thank you for sharing your problem with us. So, if we only consider Boundary Wall Rules, there’s no universal law that requires you to build or maintain a boundary wall.
It mostly depends on who owns it and what your property deeds/title plan states, and you can usually check the Land Registry documents to see which side is responsible for maintenance. While Shared walls (called party walls) may mean joint responsibility with your neighbour.
But your Scenario, If the deeds show he owns the wall, maintenance is his responsibility, especially if it failed due to age and storm damage.
You’ve really done the right thing by securing your garden and speaking to the council. Now that it’s on record and building control/heritage are involved,
I’d avoid court for now, keep everything in writing, and let the council deal with it.
kingston.gov.uk
Boundaries, party walls and garden walls | Royal Borough of Kingston upon Thames
Find out the rules and regulations around property boundaries, Garden walls, fences and gates and get information about the Party Wall Act.
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