Neighbours knocked down wall - who is responsible?

Question

The wall which boundaries our back yard and our neighbours property has been damaged by them when they were moving their campervan.
The wall extends from the side of their house (so is basically an extention of the wall between our back yard and their kitchen!), the damage is from their side but the 'hole' means we can now see into their garden! - we have received a letter from the council about it!

The letter said that the wall is unsafe and needs to be repaired. I went to thier house a while ago to talk about sorting it out and they said that the free holder of thier property is sorting this out and not to worry. A second letter has arrived, nothing has been done and we are now selling our place. Their is no proof that they have said this and I have asked for his phone number but they are vague. We do not want a dispute but obviously want to get it sorted. We would pay to get it fixed ourselves - for a quiet life! - but can't afford it.

Unfortunately the people the other side of them have been physically assulted by the 'lady next door' and have taken out a restraining order so I am a little reluctant to make any kind of legal action as there are likely to be problematic altercations.

Can we just sell it as it is?

..and if the buyers have an issue pay them the money to do it when the sale has gone through? (they are social landlords)

Answer 1

they are consult a solicitor as soon as possible if they do not comply.

Answer 2

First, you must photograph the wall. Get several shots of both sides. If possible, get a photo of the damage that was done to the neighbors campervan.

Then, you must write the neighbor a letter, and send it certified mail with a return receipt. The letter should be polite and firm.


Dear Neighbor,

I have received a letter from the city council in regards to the damaged wall that seperates our lawn. They are insistant that immediate corrective action be taken to ensure that our neighborhood remains safe and beautiful. I have written them a short reply explaining that the damage originated from your property. It is my hope that you can quickly resolve the matter with the council and that i need take no further action.

Kind regards,




Then you need to write a letter to your council and explain politely but firmly that the damage was inflicted by the neighbor and that you will not accept responibility for any fines that may result. Enclose a copy of the letter you sent to your neighbor and copies of the photographs (mark which are photos of your side and which are of his).

Finally, keep a copy of the photgraphs, both letters and the mail receipt (showing that your neighbor did, in fact, sign for his letter). These document should protect you should either party try to press fault upon you.

Answer 3

Hi,to be honest i have 'thumbs up'd' bobthebuilders answer,as he has given you good advice and instructions.
But i do have a few things to add on the subject,as this is your neighbours problem not yours.
You have spoke to them before on the matter,and it seems they don't seem to have an issue with you.
By this i mean just because they have had issues with another neighbour,does'nt mean they have with you.
Speak to them again,and show them the letters you have been getting from the council.
Play it cool and almost joke about it,this will make the situation less confrontational and more like a friendly chat.
Tell them look at this(showing your letters),those prats at the council are going on about the wall again.
Tell them when can they get the houseowner to sort the wall out,as you don't want to hassle them about it.
See what there reply is,then really follow bobthebuilders advice on how to go forward.
State on any letters sent,that you have made copies for further reference and send everything recorded delivery.

Hope you get this sorted,but don't pay for it yourself as this by law is not your responsibility.

Answer 4

You need to establish with the council who has responsibility for repairing it. If the wall 'belongs' to you, then it is only fair that they at least contribute if not pay for all the repairs since they caused the damage. If they are the argumentative type, most councils employ people who can arbitrate over problems like this.

Answer 5

The only other alternative is to try and see if you can share the costs that way it won't cost you so much. However, if your neighbour decides to be unreasonable and bearing in mind that you are now wanting to sell your property you could go to Citizen's Advice Bureau and get them to draft you a legal letter to see if you can scare them into coughing up! good luck, difficult one this. x

Answer 6

Have you talked to your neighbours? Why not ask them if they are going to get it fixed? If you don't talk to them try writing a polite letter. I would also contact the council and explain the situation and ask them what their advice is.If that doesn't work I would either call the police (criminal damage!) or get a lawyer on the case.

Answer 7

Determine who's side of the property line the wall is on. Most local ordinances prohibit any fence or wall from being constructed directly on a property line.

If it is on the neighbor's side, it is their wall and therefore their responsibility to repair. If the wall is on your property, it is your responsibility to repair, however, you can sue your neighbor for damages and get them to pay.

Answer 8

The person who knocked down some else's wall is responsible. If it was their own wall then they need to clear up any mess affecting anyone else. If it is your wall they need to pay for the damage, possibly from the camper van insurance.

Answer 9

Hi
difficult but be a good neighbour and ask if you can both put to having it fixed, remember if it is bordering both properties you are both responsible, ultimately for its up-keep, it will save a lot of aggro if you get together.

Answer 10

Report it as a hit and run. Then the police can get their insurance information. Then you can file a claim with their auto insurer. You will need a police report detailing who is at fault.

Answer 11

you have to be sensable about this cause if it was my wall /fence in the first place and a neighbour started to get the council etc.. involved i would tell him to go and get stuffed and build his own wall/fence but if i wrecked the fence i would fix it anyway, bearing in mind when was this done yesterday!