Jason Edworthy Bedford Retaining Walls Dispute Surveyors

Do you have or does a neighbour want to carry out building works near Bedford retaining walls?

When members of the public dispute over Party Wall issues and Retaining Walls they require a Party Wall Surveyor to establish Ownership, Responsibility and Legal liabilities etc.

We can also prevent or resolve conflicts by putting the proper notices and agreements in place. The survey educates both sides and helps keep the project lawful and on course.

What Are My Legal Obligations With Retaining Walls Bedford?

The law When it comes to Bedford retaining walls, and boundary walls near where a property ends, there are some legal obligations on the part of both landowners and neighbours. That’s especially relevant if that wall supports both places or has implications for both sides.

Building near a wall you share with your neighbour Under the Party Wall etc. Act 1996, if you want to build or work on an existing wall that is on the boundary of two or more properties (party walls), you must tell the next door owner what you would like to do, check whether agreement is required and provide notice of such activities before works commence.

Key responsibilities may include:

Maintenance Duties If the wall supports both properties, is there a responsibility for owners on either side to maintain and repair it? It can rely on who owns it and under what conditions it was produced.

Notice of Works: If your neighbour wants to undertake works that will affect a party wall he can give proper notice first. And they have to do it by providing adequate notice in a letter, as the Party Wall Act prescribes.

Access: If you need to enter the neighbour’s land in order to carry out the work, it is up to you to discuss this with them and obtain their consent. If there is disagreement about this, a surveyor can facilitate both sides’ ability to talk and resolve the issue.

Liability for Damage: The party doing the work needs to ensure that there is no further damage done to their neighbour’s property. Should there be any problem, they will solve it. It’s the law, and everybody has to obey it.

Bedford retaining wall disputes are common, but can BE circumvented with good advice. Your local provider of party wall surveyors Jason Edworthy can advise you on what to do. We will serve the rightful notices and watch out for interests of both sides.

What Are Some Typical Structural Problems that Lead to Bedford Retaining Wall Disputes?

Bedford Retaining Walls - Small Disputes Bedford retaining wall issues can sometimes outgrow their size when structural issues on adjacent property come into question, and so does liability.

They can lead to legal problems early on, and are a frequent cause for bringing into play the provisions of the Party Wall etc. Act 1996. For more details, visit https://bedford.jason-edworthy.co.uk/retaining-walls-disputes/.

Below are the most common structural problems that can cause a dispute:

Wall Movement or Leaning

Leaning of retaining walls occurs over time. Or move because of bad construction work, ground shift or poor drainage. If a wall starts to encroach on a neighbor’s property, it can spawn disputes over liability and repairs.

Cracks and Structural Failure

Soil pressure may cause cracks to appear. Freeze-thaw cycles or inadequate footings. If the cracks compromise the stability of a neighbour’s building, disputes can follow.

Water Drainage Problems

Deterrent:Improper drainage can harm walls. Have the wall push water toward a neighbour or flood water and it is even more quickly contentious in court.

Boundary Uncertainty

Trouble starts when there’s a question about who owns the wall. If the wall straddles the boundary line. It can get out of hand in a hurry when no one is documenting everything.

Neglected Maintenance

If one homeowner allows their end of the wall to fall into disrepair and it becomes a danger or an eyesore, disagreement is sure to assure particularly if structural integrity or appearance harms the neighbour’s property.

Unauthorised Construction or Alterations

Constructing or altering a retaining wall without serving notice under the Party Wall Act, and without your neighbour’s consent, can result in disputes between neighbours (claims for compensation and injunctions to restrain offending works), particularly if work affects the adjoining property.

As your party wall surveyors in Sevenoaks provider, we can help to understand the situation, work out who is responsible for what and even serve notices where appropriate and solve disagreements in a professional way that falls abiding by the law.

Who is at Fault in a Bedford Retaining Wall Dispute?

Responsibility in a Retaining Wall Dispute This might incorporate the placement of the partition, as well as the cause for its creation, and potentially any arrangements which are now in force.

Who is at fault may not always be a straightforward question? So, professional help often becomes a necessity in this field especially party wall advice from their Charles Francis consulting bridesmaids.

Liability For most offenses…

Location of the Wall

If a retaining wall sits on one person’s property. He or she is quite likely to maintain it, however.

If it’s straddling the line, responsibility can shared unless there’s evidence that you were the original owner or an agreement to the contrary.

Who Built the Wall

If the records or previous agreements demonstrate that one party built the wall for their convenience (e.g. to level their land), then they may be left with the responsibility of maintaining it.

Sometimes, liability attaches to the property, even if the current owner didn’t build the wall.

The Wall’s Function

Where the wall abuts lands of different altitudes, the person on whose land the wall stands is joined in the action.

If the wall is equally good for both properties, cost may also be shared.

Negligence or Damage

In some cases, if one party has damaged the wall or altered it without permission or reasonable notice, they can be solely responsible for any problems caused.

A failure to serve notice or follow the correct procedures may result in liability falling upon the party that carried out the work under the Party Wall etc. Act 1996.

Legal and Surveyor Involvement

If a dispute occurs, a party wall surveyor (such as Jason Edworthy) takes time to look at the evidence and go through the relevant paperwork relating to the neighbouring property and can draw up a Party Wall Award which details what each party is allowed or not allowed to do.

Need Help?

As a Horsham based party wall surveyors we can establish liability professionally and fairly and make sure your entitlements are retained - even when disputes appear in danger of getting out of control.

Is it Possible to Alter a Shared Retaining Wall or Repair it Without Your Neighbour’s Agreement?

No, you typically do not have the ability to alter or repair shared retaining walls Bedford unless your neighbor can agree too. That is if the wall is on the boundary line that divides your properties.

Party Wall etc. Act 1996 applies to shared retaining walls Bedford SharedRetainingWallsBedford -When you are developing your property and there’s a shared wall in-between yours and your neighbor’s land. In other words, you have a legal responsibility to provide formal notice before you undertake any work that might alter how strong or steady the wall turns out to be.

If your neighbour doesn't want to and they don't agree with what I say as well, then both of you will need to appoint someone to act on your behalf or you can jointly nominate the same person. This individual will then create a Party Wall Award, which specifies how and when the job will be carried out.

If the retaining wall is entirely on your land and doesn’t encroach onto your neighbour’s property, you may have grounds to go ahead without their permission. But you’ll still have to get their permission for the use of their land if you need to do that.

If the wall is on the boundary and you don’t know who owns it, then best assume it’s a party wall. You will then need to apply the correct party wall procedures.

If you do something without consent, you can commit a crime. It can even cost you money or require you to clean up your act. To help take read this and stay safe, you’ll want to ask a trained person in this kind of work.

Being your local party wall surveyors, we can guide you through the process in a correct manner. We ensure everything goes smoothly for you and your neighbour. We want to offer you both as easy a time now.

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