Hi,
There is a retaining wall at the back of my garden that retains neighbours land. It is slowly failing. Cost of repairs is likely to be in £20,000 mark.
I know that common law dictated that the responsibility lies in the person whos land is being retained, unless it says something in the deeds.
My title deed does address walls/fences, but only states that I am responsible for maintenance of walls with Inward T, and the remaining of the boundaries will be deemed as Part Walls. There is a NOTE which states wester wall has inward T, but the retaining wall is eastern. My land conveyance is dated 10/05/1957
My neighbour deed is very limited, and states these things (among others)
Property register: "The Conveyance dated 19 September 1958 referred to above contains a provision as to boundary structures."
Proprietoship Register: "The Transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof"
Charges Resgister: "A Conveyance of the land in this title dated 19 September 1958 made between (1) Ernest Gilderoy and (2) John Hanson contains restrictive covenants. ¬NOTE: Copy filed."
There is clearly something in the "conveyance of the land 19/09/1958" that perhaps could be about the retaining wall. Is there a way to get hold of such conveyance?
There is a retaining wall at the back of my garden that retains neighbours land. It is slowly failing. Cost of repairs is likely to be in £20,000 mark.
I know that common law dictated that the responsibility lies in the person whos land is being retained, unless it says something in the deeds.
My title deed does address walls/fences, but only states that I am responsible for maintenance of walls with Inward T, and the remaining of the boundaries will be deemed as Part Walls. There is a NOTE which states wester wall has inward T, but the retaining wall is eastern. My land conveyance is dated 10/05/1957
My neighbour deed is very limited, and states these things (among others)
Property register: "The Conveyance dated 19 September 1958 referred to above contains a provision as to boundary structures."
Proprietoship Register: "The Transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof"
Charges Resgister: "A Conveyance of the land in this title dated 19 September 1958 made between (1) Ernest Gilderoy and (2) John Hanson contains restrictive covenants. ¬NOTE: Copy filed."
There is clearly something in the "conveyance of the land 19/09/1958" that perhaps could be about the retaining wall. Is there a way to get hold of such conveyance?
