Boundary Wall unsafe

phester

Registered User
Messages
138
After buying the house off my parents. I started doing the DIY around the place.

The dividing wall between our neighbours was listing badly and had obvious cracks in it. It would sway if you pushed it.

Previously our neighbour’s husband (deceased) had requested that the wall be taken down to both my mother and me.

After taking down the wall the handyman I had doing work had a heart attack and so I could not afford the contract rate to rebuild the wall.

She erected temporary fencing between the boundary.

But now 6 months later she has sent me a letter indicating that she want me to pay for erecting a temporary structure until I can afford the rebuild cost of the wall.

She has not put forward any monies for the rebuild and I find it highly insulting from her.

She says that her privacy has been compromised. We are never in our back and we are talking about 6-8 ft of wall. The original boundary would have been a wire fence.

How do I legally respond? I have just put in for planning permission for the driveway to include the wall etc.


If I respond the way I want to then she may object to the planning permission in spite.

How do I proceed?
 
Re: Boundry Wall unsafe

How do I legally respond?

See a solicitor perhaps ?

If I respond the way I want to then she may object to the planning permission in spite.

Indeed she might object but that doesn't mean you won't be successful in your application.
 
Re: Boundry Wall unsafe

wouldnt it make sense now for both of you to pay half the costs of a new block wall? perhaps put this to her.
 
Re: Boundry Wall unsafe

I have put this to her, all be in a subtle way. I told her that if I had the money to complete the wall it would be done today. That is why I think she has responded requesting a temperary structure to be put in place by me
 
Re: Boundry Wall unsafe

Have you established who owns the wall. It might not be 50:50 on some sites you own the wall on one side but not the other. Rather than being subtle why not just ask straight out. If its 50:50 then I can't see how see could refuse if thats presented to her. If neither of you have money, then why not reinstate the original wire fence?
 
Re: Boundry Wall unsafe

This history of the wall is that my grandfather built it in a rush to block out the crazy neighbours. MOst of the wall is on our property but the section that was taken down was built more recently (40 years ago) instead of (50 years) this section was built on the dividing posts. The posts are still in place at both extremes of the property should I need to put in just a wire divide.

She is claming that her privacy has been comprimisied by the lack of wall. so I dont think she will like the idea of just a wire fence between our properties again.

I will put it straight to her verbally soon enough. I was going to make the formal approach as sometimes this is better than loosin the rag to her face.
 
Re: Boundry Wall unsafe

I don't really understand this. some of it is on the boundary and some of it isn't? You took down a wall, but then didn't have funds to rebuild it. Did you consult with your neighbour about the cost of taking down the wall and rebuilding it at the start? She put in temporary fencing and now wants to replace this with more temporary fencing? Did you just leave a big gap and think she'd be ok with this?

What has getting planning permission for the driveway to include the wall mean exactly?

I would assume (I don't know 100%) that the cost of rebulding the wall or whatever structure that goes on the boundary that is shared should be 50:50. Thats just fair. Often where one party can't afford it, the other will just pay for it all, happy they are getting what they want.

At the end of the day you have to get on with your neighbour, so it would be worth you're while trying to keep the peace. Compromise, while making it clear you are doing so to keep the peace. But don't be a walkover at the same time. Theres a fine line.



Exactly how long of a section of wall are we talking here.
 
Re: Boundry Wall unsafe

the wall was built in sections. starting from the rear extreme boundary there is about 4 meters of wall in our property. with the old dividing post still present on her property. Then about 2 meters of wall was built on the dividing post. Then I have trellis fencing again on my property for about 4 meters. This brings us to the front of the house. then there is the original steel fencing running to the front of the boundary.

She put in construction galv fencing as a temporary measure. It is 4ft high it look fine and does the job. She now has requested more temporary trellis until I can afford the full rebuild cost of the wall.

Planning is for the conversion of half the front garden to a driveway. The plans also include the walls and proposed front railings. (nothing special) just i have to get PP for a driveway. The proposed wall is to replace the trellis front railings and rebuild the wall. I think in total there is 11.5Meters of wall on her side to be built

If i took the wall down for another reason other than it was unsafe and likely to fall into her property. I would understand her concerns. But I think she is trying to be a Hitler
 
Re: Boundry Wall unsafe

Maybe I'm reading this wrong, apologies if I am. But the bit that was taken down was 2m. This is the bit you say you can't afford to rebuild. But at the same time are planning to build a driveway and 11.5m of new wall.

If its taken this long to get that small bit done. I would imagine the neighbour wouldn't have much confidence the same won't happen with the new build. So that alone might make her against the whole thing. I'm sure there would be other reasons to oppose it too.

If I were the neighbour, I'd have gone halfway on replacing the wall that was dangerous. But I wouldn't have been impressed if a gap was left and I had to fill it myself without any help from you. of course if you just got it sorted, with minimal fuss and perhaps a bunch of flowers I might be more agreeable to the new build.

Just a thought.
 
Re: Boundry Wall unsafe

you are not far off the mark. Rather than get a professional bricky to do 2-3 meter of wall that they will want the foundation poured the bricks in place out the back and the mortor mixed. I told her that the trellis would be coming down and a wall the full length would be built as soon as I had the money. The boundry fence was put in place by her 3 days after I told her that my diy man had had a heart attact. he has completed work in my place on other walls so she can see he is a (real pearson). if she had ever offered money it would be already finishe. after my Diy man had his turn. I asked a builder in her family to give me advise on the wall.

The first words out of his mouth were " I suppose you expect me to pay some money for this know dont you". All I wanted was his advise as to how best to proceed with the wall as at that time I did not know anthing about regs and methods. I think this is why I have such a negitive approach to her methods