Failing Boundary Wall - Who's Responsible?

[AR2022]

Hi All,

I have a situation regarding a wall which butts up against my garden but sits within a park

We bought a house a few years ago that was built circa 2003 and there was a boundary wall which was failing but it had been propped up with wooden beams by the Council to stop it falling down on to the pathway within the park next door. My house is around 4ft higher than the park and the wall is the supporting / boundary wall below. The previous homeowner told us it was a Council wall and that they had been in touch with the previous builders who built the houses as it may have been their responsibility to pay the propping up costs and repair the wall due to it not being designed properly.

We checked the deeds and land transfer documents and there is no mention of this wall, there is a thick red line outlining our land but nothing mentioned regarding a boundary wall and the responsibility of it.

The wall itself existed before the houses were built and nothing has been done to reinforce the wall, around 8 properties are affected by this wall over a 23meter length. The wall has failed around 6meters against my property but it is leaning across the entire length. Local residents clarified the wall must be at least a 100 years old and there was a dam behind it, the wall was erected to stop people jumping over it is presumed.

I contacted the Council who have repeatedly tried to contact the builders but they are being snubbed. The Council also deny it being their wall and they have said they 'most probably' would have sold the wall with the land to the builders.

The Council's view is that the wall wasn't designed / reinforced properly prior to the sale of the houses. The Council don't want to repair the wall and they wrote a letter to me stating they don't intent to take any further action as it isn't their wall and have referred me to the builders. They also included a Section 106 agreement between them and the builders, this does include all details relating to the works and land etc.

This document does also say "The Council is concerned to ensure that any development of the site is carried out in a proper manner".

Where do I stand with this? Is it the Council's responsibility to take the builders to court under the breach of the agreement? At this point I just want the failed part of wall repaired, I'm not sure who's wall it is and who's responsible but what can be done against the builders? Where should I be focusing my energy, the Council or the builders? Who's responsibility is it to take the builders to court? Could I take the Council to court and force them to repair the wall and then claim costs back from the builders under the breach of agreement?

Any advice appreciated.

Thanks

[atticus]

If the wall is on your land, you are responsible for it. Whether you can recoup any cost from the builder remains to be seen. The existence of a s106 agreement suggests that the land belonged at that time to the builder, but this is a provisional view and subject to verification.

My advice would be not to wait until someone is hurt.

[dslippy]

Identify just what the wall/slope supports. If it is the house then you need to get this sorted properly. When exactly was a few years ago when you bought it? If less than three, then act quickly to avpoid losing the possibility of suing your solicitors for negligence.

If the house itself is supported then you may have to contact your own building insurers. This would be something declarable. Thery have a right to know about it and will usually investigte to get some proper answers.

Go back to the land registry plan. The red boundary is the place to start. Is the wall either clearly included within the width of the ref line, or is the boundary wall clearly outside the red line. If either then it tells you a lot.
The builders are likely, in liability terms to be long gone.
You seem to have a couple of red herrings by the tail. Start with the plan and the insurers.