Garden wall Legalities?!?!

Zen · 13-12-2010, 09:05 AM

During the night the wall between our front garden and the next door neighbour came down

It was bowed a little and bowing our way, and has been for 10 years plus. The centre of the bow has come away onto our drive.
Im guessing with all this cold weather and then it warming up again, thats what caused it to fall down.

So the question is 'Do we own the wall or not? we dont have the deeds as at the solicters, so we need to contact them about that. Am i right in thinking that as you stand at your front door and look down, you own the wall to the Right of your property? in which case then its our wall

Unfortunately its a 6ft Horton stone wall and isnt going to be cheap to repair if thats the case.

Have googled, need to work out if it's a Boundary Wall or a Retaining Wall.

Trouble is our house's are old, so it may not even say on the deeds

Any ideas?

ClareandCo · 13-12-2010, 09:17 AM

You do need to check the deeds, although as you've said, it may not always state who owns it. When facing the house, ours too is in fact the right hand side, but my friend's is the left, so it obviously does vary!

Will you have to replace it with the same style? Hopefully, no damage was done to your car etc and that you can claim on insurance.

**Alan1** · 13-12-2010, 09:17 AM

all I can find i this which you have probably seen already http://answers.yahoo.com/question/in...0013048AAfMJlO

Pussygalore · 13-12-2010, 09:30 AM

are you on good terms with your neibour? maybe talking to them first might help you never know maybe you could both pay to have it repaired.

Zen · 13-12-2010, 09:31 AM

Quote:

Originally Posted by ClareandCo

You do need to check the deeds, although as you've said, it may not always state who owns it. When facing the house, ours too is in fact the right hand side, but my friend's is the left, so it obviously does vary!

Will you have to replace it with the same style? Hopefully, no damage was done to your car etc and that you can claim on insurance.

Its so confusing, i thought if you stood with your back to your front door looking down the drive then you owned the wall to the right?

Luckily it didnt hit any cars, and as we are in a conservation area, it will have to be in the same stone, plus the wall is a long one that tavels atleast 80ft if not longer. I hope that it can replaced in that area so to speak.

We rebuilt the wall to the left of our front door in the summer only a little one because it was in such a bad way, the bind weed from next door over the years had caused it to fall down, the old boy there was never going to fix it, and as we tied up the whole front drive, we thought we would just fix it too. We hope to move and wanted it all looking nice out the front.

**Alan1** · 13-12-2010, 09:50 AM

the moisture in the wall freezes and with that it expands so when it melts, all the stones are looser than what they were before. after last winter there were loads of collapsed walls around here, literally hundreds. the same thing applies to pot holes, we have them again already

Zen · 13-12-2010, 06:06 PM

Quote:

Originally Posted by caledonia

the moisture in the wall freezes and with that it expands so when it melts, all the stones are looser than what they were before. after last winter there were loads of collapsed walls around here, literally hundreds. the same thing applies to pot holes, we have them again already

I think thats exactly whats happened.

Anyway i am waiting for the deeds now, have requested them from land registry today, should get them tomorrow.

**16 shells** · 13-12-2010, 10:04 PM

Quote:

Originally Posted by Zen

I think thats exactly whats happened.

Anyway i am waiting for the deeds now, have requested them from land registry today, should get them tomorrow.

The Land Registry can help you decide who own's what, i have a friend who deal's with these thing's daily at LR, She has mentioned it' not as cut and dried anymore than the fence/wall to the right i know it can be who had the wall built in the first place. I own fences to the left and right of the garden because the previous owner put them up.

lizzy k · 13-12-2010, 10:11 PM

When I stand with my back to my front door it's the fence on my left that we own. Our house was built in the early 50's. Will keep my fingers crossed that it's not your responsibility.

Ajay · 13-12-2010, 11:48 PM

There's no pattern with which side it is etc. Go here -> http://www.gardenlaw.co.uk/phpBB2/index.php Ask these guys

13-12-2010, 09:05 AM	#1
Zen Senior Member Adult Join Date: Jun 2008 Location: Banbury Oxfordshire Posts: 2,623	Garden wall Legalities?!?! During the night the wall between our front garden and the next door neighbour came down It was bowed a little and bowing our way, and has been for 10 years plus. The centre of the bow has come away onto our drive. Im guessing with all this cold weather and then it warming up again, thats what caused it to fall down. So the question is 'Do we own the wall or not? we dont have the deeds as at the solicters, so we need to contact them about that. Am i right in thinking that as you stand at your front door and look down, you own the wall to the Right of your property? in which case then its our wall Unfortunately its a 6ft Horton stone wall and isnt going to be cheap to repair if thats the case. Have googled, need to work out if it's a Boundary Wall or a Retaining Wall. Trouble is our house's are old, so it may not even say on the deeds Any ideas? __________________ Rachael & Zen (THB) 'Show gratitude to every living thing'

13-12-2010, 10:11 PM	#9
lizzy k Member Incubating Join Date: Jul 2008 Location: Cheltenham, Gloucestershire Posts: 198	When I stand with my back to my front door it's the fence on my left that we own. Our house was built in the early 50's. Will keep my fingers crossed that it's not your responsibility. __________________ Liz

13-12-2010, 11:48 PM	#10
Ajay Senior Member Sub Adult Join Date: May 2007 Location: Durham Posts: 1,000	There's no pattern with which side it is etc. Go here -> http://www.gardenlaw.co.uk/phpBB2/index.php Ask these guys __________________ Ajay xxx 0.0.2 Testudo hermanni boettgeri 0.0.2 Geochelone carbonaria 0.0.1 Testudo horsfieldii 1.0.0 Eublepharis macularius 1.0.0 Canis familiaris I am no longer a student; AT LAST!!

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13-12-2010, 09:17 AM	#2
ClareandCo Senior Member Sub Adult Join Date: May 2010 Posts: 1,350	You do need to check the deeds, although as you've said, it may not always state who owns it. When facing the house, ours too is in fact the right hand side, but my friend's is the left, so it obviously does vary! Will you have to replace it with the same style? Hopefully, no damage was done to your car etc and that you can claim on insurance.

13-12-2010, 09:17 AM	#3
Alan1 Super Moderator Adult Join Date: Dec 2008 Location: Sunny Scotland Posts: 21,512	all I can find i this which you have probably seen already http://answers.yahoo.com/question/in...0013048AAfMJlO

13-12-2010, 09:30 AM	#4
Pussygalore Senior Member Adult Join Date: Jun 2006 Location: Cambridge Posts: 6,479	are you on good terms with your neibour? maybe talking to them first might help you never know maybe you could both pay to have it repaired.

13-12-2010, 09:50 AM	#6
Alan1 Super Moderator Adult Join Date: Dec 2008 Location: Sunny Scotland Posts: 21,512	the moisture in the wall freezes and with that it expands so when it melts, all the stones are looser than what they were before. after last winter there were loads of collapsed walls around here, literally hundreds. the same thing applies to pot holes, we have them again already

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