Potential dispute over shared wall - help!

[KumquatMay]

I have also posted in building - not sure which is the most appropriate!
We have recently noticed that the back wall of our yard (split 50/50 between neighbours property and ours as we are part of a row of terraces), is leaning having buckled at the bottom. It faces out on to a public alleyway and I am concerned that it is a hazard for people walking past. IMO and those of the builders who have come to quote, it needs demolishing and rebuilding asap.

Despite having a good relationship with our neighbours, we are finding it impossible to get them to talk to us about the issue. I went round when we first noticed it just to warn them it is dangerous, to let them know I would stick a few signs to the wall and also to say I would be getting a few quotes for the work and could we talk about it at a later date? My husband has since been round twice to try and talk/book a time to discuss, each time they say they will pop over either that day or later in the week and they have not.
The quotes come in at around £750. All we want to do at this stage is show them how dangerous the wall is and discuss how we might approach the work. We are happy to oversee the work but it is not solely our responsibility, nor can we finance it all, since it spans across both our yards.

I do not want to harass our neighbours, but I do want them to acknowledge the responsibilities they have as home-owners and at least discuss the issue with us so we can come to some sort of agreement. My only thought is that it might be worth reporting to the council as a dangerous structure (since it faces onto a public alley) and try and put a bit of pressure on them that way.

Does anyone have any advice on how to handle this?

 

[Deleted2797112]

It's not a shared wall. Fix or rebuild the part of the wall that forms your boundary and leave your neighbours to deal with their wall as they see fit. It would be courteous to explain to them what you intend doing but if they choose not to have a single wall straddling both properties, that's their choice.

 

[KumquatMay]

Ok thanks - the only problem is that even if it isn't a shared wall, it's so unstable that it's impossible to take down only our half of it. So even if we were to just rebuild our half, the entire thing would have to come down for which we would need their permission.

At the moment they won't even discuss it with us so we can't get very far in terms of suggesting alternative options!

 

[Deleted2797112]

You seem intent on forcing your neighbour into doing what you think is required. Why don't you get a couple of builders in, explain that you want your section of wall replaced and take it from there.

 

[KumquatMay]

I don't want to force anyone to do anything - I have had the builders in for quotes and all 4 of them have said it is impossible to simply rebuild our section of the wall. Taking down our section and leaving theirs still standing is not an option - if it were I would take it!

 

[AronSearle]

Why not report the structure as dangerous to the council, and tell the neighbers you will do so if they do not pull their finger out.

 

[KumquatMay]

I think we may have to do that eventually - I was just hoping that there might be some other way to approach it between us and the neighbours before it got to that stage!

If I report to the council (as a dangerous building rather than a neighbour dispute) will it be lodged as a neighbour dispute or just a report of a dangerous building?

 

[Deleted2797112]

Nave you actually tried asking your neighbour why they don't wish to engage with you? Perhaps they don't enjoy being forced to "to acknowledge the responsibilities they have as home-owners". It's their choice whether they have a wall, a fence, a piece of string or nothing at all to mark their boundary.

If you report the wall to the Council as a potentially unsafe structure, that is how they will deal with it. The Council will not get involved in disputes between home-owners. However, if you have any intentions of selling your property in the future you should consider your next move carefully as you're on the brink of a matter that would have to be disclosed with the potential impact on price and saleability. It's in your own interest to find a solution that does not compel your neighbour to do something they do not wish to do or may not have the resources to do.

 

[KumquatMay]

Ceres, could you please explain how you would resolve the issue? This is a genuine question, I'm not being antagonistic - I might be missing something. It isn't a case of how they choose to mark their boundary, it's a case of dealing with a structure that is a danger to the public that is not my sole responsibility to deal with.

As I see it, the options are this:

1) Leave the wall standing. At some point it will fall and maybe hurt someone (i.e. not a valid option)

2) The entire wall comes down (since it is impossible to only take half down, confirmed by all the builders) and...
2a) I pay to just have our section rebuilt
2b) Neighbours and I split the cost of rebuilding the entire section

Is there something I am missing? I genuinely want this resolved as amicably as possible - I literally don't know what to do.

 

[Deleted2797112]

Have you actually tried asking your neighbour why they don't wish to engage with you?

If you came to my door and told me you consider my wall to be unsafe and you're going to stick signs on it and you're going to get quotes for replacing it and it's going to cost me money and you're going to supervise whatever is done, I'd tell you to take a hike. Maybe your neighbour is more polite than I am.

Perhaps a change of approach might work.

 

[alexfromnewport]

Does your home/building insurance not cover this? I appreciate wear and tear and running repairs aren't usually covered, but a buckling wall sounds like something more fundamentally wrong with its construction rather than a fault caused by you. If it were to fall down in the night (and god-willing nobody got squashed) would you not call the insurers then and see if you were covered?

 

[KumquatMay]

Thanks Alex - the builder also suggested doing this when I spoke to him today. I will give the insurers another call and say they really must come and look.