To determine if you have a retaining wall on your property and prevent neighborly conflicts: a guide
When it comes to retaining walls on your property, it's essential to know who is responsible for their maintenance and ownership. Here's a guide to help you navigate this matter.
Determining Retaining Wall Ownership
Before making any changes to a retaining wall, it is advisable to consult with an architect or structural engineer and check with the local planning authority. Checking your property paperwork, such as the land registry title register and plan, can also help determine retaining wall ownership.
If the construction of the retaining wall matches other parts of your property, it might be owned by you. A T mark on the land registry plan may indicate responsibility for a boundary feature like a wall. However, it's important to note that there isn't a single legal rule that applies to all retaining wall ownership cases.
Responsibilities and Consequences
The legal responsibility for a retaining wall generally lies with the owner of the property on which the wall stands. Neglecting repairs on a retaining wall can lead to financial and legal consequences, including personal injury claims and potential liability in nuisance or negligence if the wall fails and causes damage to someone else's property.
Buying a Property with a Retaining Wall
When buying a property, it is important to confirm retaining wall ownership and have a surveyor inspect the wall during conveyancing. Checking with the insurer is also advisable before exchanging contracts.
Disputes and Legal Advice
In a dispute over a retaining wall, it is recommended to first talk to the neighbor, then check deeds or consult a solicitor. Seeking legal advice early is advised.
Maintenance and Inspections
Regular inspections, prompt reporting of defects, and home insurance policies specifically covering retaining walls are advised. Building Control records may provide information about the construction of the retaining wall.
Historic Planning Permissions
Historic planning permissions could contain details about the construction of the retaining wall. Altering a retaining wall without proper rights can lead to legal trouble, as the landowner may owe legal rights of support to adjoining land and property.
Important Considerations
Removing or altering a retaining wall that does not belong to you is considered an actionable nuisance, trespass, and damage, and could result in legal action. If the evidence about retaining wall ownership is still unclear, hiring a surveyor to assess the land, inspect the wall, and review neighboring deeds can help build a comprehensive picture.
In summary, understanding retaining wall ownership is crucial for homeowners. By following these guidelines, you can ensure the safety and legality of your property, as well as maintain good relations with your neighbours.
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