Our Garden Wall is Gradually Leaning Further and Further

by The Party Wall Surveyor

Question

We have an end of terrace property. In our back garden we have a large brick wall to the left of the property which is gradually leaning further and further. The part of the wall that is leaning forms the end of two gardens to the left of us (hope this is making sense?!)

My question is (as there is nothing specific on our title deed) is this wall a shared 3 way responsibility between us and the two other parties? or what is the general rule? The wall then continues to cross another back garden, then becomes a fence crossing the back of a further 3 gardens (just as added information)

Answer

It’s very difficult to comment on the ownership of a wall without investigating further. When you refer to the ‘title deed’ do you mean the Land Registry documentation or the paper title? The former is rarely of much help but the later may be. There may be a plan attached to the paper title with ‘T’ marks indicating ownership of the boundaries or there may be some reference within the text. Failing that you could ask the neighbours to check their deeds for information.

If the wall does turn out to be party you should serve notice on all the affected owners under section 2(2)(b) of the Act and the costs of repair would be allocated according to section 11(5) i.e. according to the use made of the wall and responsibility for the defect occurring.