Raised garden.. Wall created due to neighbour building parking Area

Pip102

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• 30 Oct 2019

• #1

Previous adjoining Neighbour has dug garden away to create parking area in her raised garden.
This is all fine, but have new neighbour i same house noe and shw is mentioning that my wall is cracking, needs mending if that house had not dug and creTed patkung area there would b no wall.. How is it suddenly my wall to repair.. When if they hadn't created parking.. Wall wouldn't exist..

Surely wall is neighbours responsibility

 

K

ktuludays

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• 30 Oct 2019

• #2

You need to look on your deeds who is responsible for that side of the boundary

 

bernardgreen

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• 30 Oct 2019

• #3

If excavating ground results in the need to take action ( build a wall ) to protect a neighbours land then irrespective of deeds and boundary ownership an almost all cases the person who did the excavating should be responsible for the maintainance of the protection.

Quote from HERE
Right of Support

In many city and town centres the buildings are physically joined to each other, by a party wall, so as to mutually support each other. If one such building were to be demolished it could cause at least partial collapse of its neighbour. The remaining building has a right of support from the demolished building, and the owner of the adjoining land owes a duty of support to the remaining building. Thus it is necessary for the owner who demolishes his building to provide for the continued support of the remaining building on neighbouring land.

The same right of support and duty of support applies if ground is removed too close to a neighbouring building.

The right of support can also apply to ground (as distinct from a building) that is in danger of collapse as a result of excavation on neighbouring land.Thus a right of support also exists in the case of retaining walls that coincide with a property boundary. See Walls


If you wish to demolish a building that has a party wall, or if you own the building next door to the proposed demolition, consult a chartered building surveyor for advice before the start of any work on the building.

And specifically about retaining walls HERE

 

^woody^

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• 30 Oct 2019

• #4

Surely if someone dug away the ground, then that same someone was the person who put the wall in to retain the ground around the ground they dug out? And on that basis, the new owner of the dug out area is responsible for the wall that the previous owner built.