Discussion in 'Home and Garden' started by Rob43, 8 Jan 2021.
Thanks, I never knew that. I just presumed it was shared
Ah that makes things a bit clearer, i'm sure i wasn't the only one thinking your garden was elevated. If it's 50 years old, i'd imagine it wasn't built with much of a foundation, do you know if there are any tree roots exposed near the wall.
I think it'd unlikely be the tree, that seems like a huge section of wall that's taken out. It's probably likely a mixture of age, and the Scottish elements have weakened it over time.
We had some really wild weather before Xmas, lots of heavy rain. I don't think that would've helped tbh. It's not like I'm at the bottom of the garden very often in the winter. The tree surgeon reckons the tree is 70+ years old. No exposed roots. He's been maintaining it for the last couple of years
Doubt a tree caused that - more likely age/weather; i would push for 50/50 unless its stated in your deeds otherwise.
yup as long as its not glaringly obvious that its your tree that caused it Id be going 50/50 as well tbh
It is possible that with all the poor weather recently frost/spall damage has had its way with whatever pointing was there and due to age that was the final straw
Post some pictures
A tree surgeon would not be qualified to advise on the failure of a retaining wall. As a structural engineer, ive seen several instances of walls pushed over by tree roots. It's in fact the first thing my colleagues and i look for.
Post some photos.
My recommendation is for you to ask for the neighbour landlord to prove his claim by a chartered structural engineer's assessment and report. They should be impartial regardless of who they work for.
10m is a long length of wall to be damaged by roots, but netheless, be prepared to be told the tree contributed to the failure of the wall. Condition of the wall will matter too - especially at 50 years old.
Legally not sure where you stand with costs of repair though.
I remember a large wall at my dad's house falling over into my dad's garden.
Next door claimed because it feel that way it was my dad's problem at this point my dad was happy to go 50/50 but things escalated and a professional checked the wall.
Turns out my dad had kept up with maintenance on his side repointing the wall and what not. The neighbour nothing. Ended up the neighbours problem due to neglecting to do any maintenance.
Moral of the story at least look after your side of shared walls.
@Rob43 you havent actually explained how much of the wall has collapsed. Assuming it isnt the whole 30ft length of the wall, and just a small section down near the bottom of your garden and near the tree?? Might be more useful to get a bit more detail in to the scale of the problem here.
How does a wall differ from a fence? Typically folk take ownership for the "left" unless otherwise stated. Is it not the same for walls?
I don't think it's ever referred to as a wall or fence. In my deeds it says something along the lines of all shared boundaries are shared responsibility.
Interesting. Certainly not how my life has played out! In 'home home', the left was my neighbors responsibility and the right was ours. Where I am now, it's the opposite.
You take ownership of what the deeds stipulate you take ownership of, and it shouldn't specify fence or wall, but boundary.
Yeah, it's the whole 30ft that's gone. The wall is is very old, it runs from the bottom of the street to the top. Separating all the gardens between the two streets. Must be 500ft+ in total. Its just my bit & a small bit of my next door neighbours that has collapsed too. Over the other side was always covered in ivy that I had to remove every year. I've never seen anyone doing any work on the other side of the wall at all. It's been repointed/patched on my side on few occasions.
This is your get out of jail free card.
If the other side of the wall was covered in ivy, then its the neighbours fault the wall fell down.
You would be surprised how mauch damage ivy can do to a wall.
In fact i would say its entirely your neighbours fault. ie. letting the ivy grow and not removing it, therefore he is solely liable for the repair
My deeds state that we have shared ownership for left and right, and sole ownership of rear (noone behind).
The deeds state that it's a shared boundary wall. Just checked the deeds with solicitors.
Thanks for all the advice
Do you not have your own deeds in scotland? I know in the UK it was change a few years ago and now you have to keep them yourself?
Mine are kept at estate agent/solicitors. You can keep them yourself, I leave mine there for safekeeping
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