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Posted: Tue Jul 22, 2008 2:22 pm
by chindl
Good afternoon everyone. I am new to the forum and as you can see this is my first post. I have a question regarding liability should work that a neighbour carries out result in damage to the wall that surrounds my property and is owned by me.
To put it into context, my neighbour is having block paving laid to his drive. In doing so the builders have advised that the likelihood is that the wall surrounding my property that is directly above the place were his block paving will go will be damaged, probably even collapse, once they take out the existing concrete.
Does anyone on here know where the liability would sit should the wall be damaged by work that my neighbour is carrying out?
Hope someone can help.
Chris
Posted: Tue Jul 22, 2008 6:10 pm
by seanandruby
Take some photos before they start and get in touch with H & S. im pretty sure they cant just undermine your wall. make sure you inform the builder that you intend to report them if they go ahead. they should at least compromise to make it safe. how high is the wall?
Posted: Wed Jul 23, 2008 9:13 am
by chindl
Thanks for the advice Sean - the wall is not high, no higher than 2 and a half ft on my side, perhaps 3 and a half on the neighbours side.
Posted: Wed Jul 23, 2008 9:44 am
by warnergrounds.co.uk
We recently had a similar issue on site however the neighbouring property had a drive at a higher level than our client's property with no retaining wall. Once the site was cleared it became apparent that all that was holding up the neighbours driveway was some earth! In that case our customer and the neighbour agreed to share the costs of installing a retaining wall. If the wall is built on your boundary then your neighbour and his builders have no right to touch it. You need to get your deeds out and make sure that the boundary wall is within or on your boundary. The neighbour cannot allow work to commence that would disturb your boundary.
Your neighbour may have to start his driveway further back to avoid damaging the foundations. As long as the foundations are within your boundary then the responsibility lies with your neighbour and his contractor to make sure that your wall is not damaged.
Ask to see a copy of the contractors public liability insurance certificate before any works commence! And also put your neighbour on notice that you will require any remedial works to your wall to be paid for by him in the event that it is damaged.
Posted: Wed Jul 23, 2008 10:00 am
by chindl
Laura
Thank you very much, this is just the sort of advice I was looking for. Our drive is in fact higher than the neighbours and given the age of the property I would expect that there will not be a retaining wall underneath our driveway. I will need to check the deeds tonight regards whether the wall falls on the neighbours side at any point where the work is being conducted.
Thanks again.
Chris