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Who is responsible for boundary?

including wills and probate
Nimrod103
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Who is responsible for boundary?

#341591

Postby Nimrod103 » September 20th, 2020, 11:36 pm

The boundary fence down the right hand side of my property is definitely my neighbour’s responsibility. However, in the front garden, this is in the form of a small retaining wall, as my garden is about a meter higher than his.
A drain Inspection pit on my side Has overflowed, saturating the soil and causing a couple of meters of this wall to collapse.
What are my responsibilities? The cause of the overflow was Blockage due to wet wipes coming down from houses further up the drain line, I have no idea where. It should really be my neighbour’s responsibility to rebuild the wall, but OTOH it is holding back the soil in my garden. Any views?

servodude
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Re: Who is responsible for boundary?

#341592

Postby servodude » September 21st, 2020, 12:01 am

From https://www.cila.co.uk/cila/download-li ... -sig-nov17

2. Who is responsible for a retaining wall? Unless the title deeds make specific reference to responsibility for a wall, it is generally accepted that the person whose land is retained by the wall is responsible for its repair and maintenance.


I'd also be looking to return the wet wipes in the hope that might help to address the root problem

-sd

Wizard
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Re: Who is responsible for boundary?

#341606

Postby Wizard » September 21st, 2020, 7:09 am

My understanding is that, irrespective of ownership of a boundary, there is no requirement to put any sort of fence, wall, etc. up. But I imagine that there is a responsibility to stop your soil from causing a nuasance or damage to your neighbour's property. If the drain serves muliple properties there was a change in the law a few tears back that means that iis owned by the relevant water company, even if on private land.

Nimrod103
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Re: Who is responsible for boundary?

#341638

Postby Nimrod103 » September 21st, 2020, 9:21 am

Wizard wrote:My understanding is that, irrespective of ownership of a boundary, there is no requirement to put any sort of fence, wall, etc. up. But I imagine that there is a responsibility to stop your soil from causing a nuasance or damage to your neighbour's property. If the drain serves muliple properties there was a change in the law a few tears back that means that iis owned by the relevant water company, even if on private land.


Thanks for that, I did not know about the change in the law. I will contact my water/drainage company and send the Dynarod bill to them.

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Re: Who is responsible for boundary?

#341657

Postby sg31 » September 21st, 2020, 10:20 am

Nimrod103 wrote:
Wizard wrote:My understanding is that, irrespective of ownership of a boundary, there is no requirement to put any sort of fence, wall, etc. up. But I imagine that there is a responsibility to stop your soil from causing a nuasance or damage to your neighbour's property. If the drain serves muliple properties there was a change in the law a few tears back that means that iis owned by the relevant water company, even if on private land.


Thanks for that, I did not know about the change in the law. I will contact my water/drainage company and send the Dynarod bill to them.


In Southern Water area Dynorod have responsibility for all shared drains.

When I lived on the south coast I had a blocked drain on my land. It was taking waste from several properties and basically I ended up with a garden ful of excrement and associated paperwork plus the inevitable wet wipes and panty liners. I contacted Southern Water and they refused to get involved saying it was Dynorods responsibility not theirs.

I contacted the company and they were very happy to get a team out the next day as it was a serious ongoing situation and a health hazard. They repaired the collapsed large drain (I think it is technically a sewer if it is used by more than one property). They also cleaned up the mess and left everything clean and tidy. I was very happy with the service.

https://www.waterbriefing.org/home/cont ... r-contract

I only mention this because you used Dynorod. Your water company may use a different company or keep the work 'in house'.

I'm not sure if the water company will pick up the cost of the rebuilding the wall. I suspect they may be liable as the damage was caused by their sewer. It would be worthwhile to tell them they must and see what response you get.

NeilW
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Re: Who is responsible for boundary?

#343478

Postby NeilW » September 28th, 2020, 1:55 pm

Wizard wrote: If the drain serves muliple properties there was a change in the law a few tears back that means that iis owned by the relevant water company, even if on private land.


Probably doesn't apply in this case, but that law change only applies to drains in existence at the time the law came into force. If your house is newer than that the drains are still the responsibility of the property owner(s).

As I found out when I bought a new house...

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Re: Who is responsible for boundary?

#343492

Postby mc2fool » September 28th, 2020, 3:00 pm

Wizard wrote:My understanding is that, irrespective of ownership of a boundary, there is no requirement to put any sort of fence, wall, etc. up.

That depends on what the title says. Our says we have to at all times maintain a suitable close boarded fence not less than six feet in height between the points marks "A" and "B" and "B" and "C" on the plan annexed hereto, which is basically two sides of the property.

chas49
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Re: Who is responsible for boundary?

#343495

Postby chas49 » September 28th, 2020, 3:18 pm

mc2fool wrote:
Wizard wrote:My understanding is that, irrespective of ownership of a boundary, there is no requirement to put any sort of fence, wall, etc. up.

That depends on what the title says. Our says we have to at all times maintain a suitable close boarded fence not less than six feet in height between the points marks "A" and "B" and "B" and "C" on the plan annexed hereto, which is basically two sides of the property.


That's more likely to be in a covenant between the original purchasers of the property and the builder/developer. It's not (AIUI) enforceable by anyone other than the developer - if they still exist.

newlyretired
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Re: Who is responsible for boundary?

#343728

Postby newlyretired » September 29th, 2020, 2:58 pm

chas49 wrote:
mc2fool wrote:
Wizard wrote:My understanding is that, irrespective of ownership of a boundary, there is no requirement to put any sort of fence, wall, etc. up.

That depends on what the title says. Our says we have to at all times maintain a suitable close boarded fence not less than six feet in height between the points marks "A" and "B" and "B" and "C" on the plan annexed hereto, which is basically two sides of the property.


That's more likely to be in a covenant between the original purchasers of the property and the builder/developer. It's not (AIUI) enforceable by anyone other than the developer - if they still exist.


A restrictive* covenant can be enforced, but I think that a covenant which says that you have to maintain a specific fence is quite unenforceable!

newlyretired (IANAL)


*a covenant specifying what you are not allowed to do rather than one which obliges you to do something.


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