Looking to have building work done on or around Lewes Retaining walls or maybe your neigbours are?
For retaining wall disputes, a party wall surveyor will be needed to determine the ownership of the retaining wall and by extension who is liable for what work needs done on it.
We provide safeguards for avoiding or resolving disputes through compliance with notices and agreements. The survey also serves as a way to keep both parties in the know and ensure that legally everything is fine and on track.
When it comes to Lewes retaining walls and too near where a property ends is owned, there are also legal responsibilities of both the landowners and the neighbors. It becomes more crucial if that wall plays the pivotal support between both places or has implications on either side.
The Party Wall etc. Act 1996 states that if you are going to build, repair or alter retaining walls in Lewes which are on or close to the boundary, it might be necessary to notify one of your neighbours.
Key responsibilities may include:
Maintenance Responsibilities: If the wall supports both properties, then it is also likely that neighbours on each side will be held responsible for maintaining and repairing it. A survey can be contingent upon who it belongs to and how it was drawn up.
1. Notification of Works: If the other neighbour wants to start work where it touches on a common retaining wall — that is, by digging, strengthening the base or re-building — they have an obligation to tell the neighbouring landowner first. This they should do by serving correct notice in writing, as required by the Party Wall Act.
Access Rights: If the works require you to need access to your neighbours land — You have to have a conversation with them and seek their permission. A surveyor is capable of mediating any disagreement and help both parties reach a compromise.
Liability for damage: The person performing the work needs to take reasonable care not to cause any additional harm to the neighbouring property.
In case of a problem, they will troubleshoot and repair it. You must abide the law.
Lewes retaining wall disputes are commonplace, but best advice can prevent them Your local party wall surveyors provider, eg Jason Edworthy can help you advise on what needs to be done. We will offer the appropriate warnings and protect both parties.
A common cause of arguing over Retaining Walls dispute Lewes is structural failure that affects nearby property or questions of responsibility and safety.
Notionally these issues give rise to legal problems should they not be dealt with early, indeed being a frequent enabler of enforcing the Party Wall etc. Act 1996.
We discuss some of the most common structural problems that cause disputes below.
Wall Movement or Leaning
With time, retaining walls may begin to tilt. Or move because of poor construction, ground movement or lousy drainage. If your boundary wall starts to come down onto a neighbour's side, you may come up against disputes about who is liable and financially responsible for the work that needs doing.
Cracks and Structural Failure
Soil Pressures: Cracks From Where Freeze-thaw cycles or inadequate footings. Disputes can arise if the cracks threaten the stability of an adjoining neighbor's property.
Water Drainage Problems
This will destroy your walls in the absence of adequate drainage. A wall that channels rainwater onto a neighbour's land, or causes floods can lead to serious disputes.
Boundary Uncertainty
The only one who is not responsible for the wall is the person whose wall it is, but disputes start when it becomes unclear just which wall that might be. You are not allowed to build on a wall that touches the boundary line directly. This can easily escalate without proper documentation.
Neglected Maintenance
If one party has not maintained there part of the wall and it either starts to malfunction or is looking an eyesore
Issues can arise — particularly where the integrity of a neighbouring property is at stake or if the look alters.
Unauthorised Construction or Alterations
If you build or alter a retaining wall without serving
A party wall notice or the agreement of your neighbour then there could be potentially legal issues that arise particularly if work affects the adjoining property.
We do all that for you which you shall search in party wall Surveyors near me as:
We make an initial assessment of the situation Advise on who is responsible issues a formal notice to owners at chosen distance aims to mediate and, if necessary
Prepare Party Wall awards so that everything is done properly and legally.
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
Where a retaining wall is on one person land and. More often than not, that person also buys the thing.
If it crosses the line, then they may share the blame — unless proven to be already theirs or agreed upon otherwise.
Who Built the Wall
Records could then come into play, or past agreements that show the wall was built for the benefit of one party (to level their back land) which could result in them being responsible for upkeep.
This will even include the liability of a breach — sometimes directly inherited with the property – regardless that no party has built the wall.
The Wall’s Function
And if the wall supports sit at different levels, then it is usually the person with held land that will be responsible.
If both properties are enjoyed equally from the wall, then responsibility can be shared.
Negligence or Damage
If a party has caused the wall to be damaged or diluted without consent or proper notice, such party is liable (jointly and severally with any resulting issues) for this fault.
The failure to serve a notice or properly proceed under the Party Wall etc Act 1996 can result in liability being shifted the party who carried out the work.
Legal and Surveyor Involvement
Where there is a dispute, a party wall surveyor (such as Jason Edworthy) will typically clarify the issues, examine the documentation and then produce a yes/no/maybe Award that details each homeowner's rights under the Act.
Need Help?
As your local party wall surveyors specialist we can arbitrate in clear and fair terms of liability and help safeguard your rights without the need for problems to escalate.
In most cases, no you cannot, the neighbor is usually required to agree for shared retaining walls Lewes to be modified or repaired. That is the case if itis in the middle of both your lands.
More often than not, shared retaining walls Lewes fall under the Party Wall etc. Act 1996. This includes a legal requirement for you to serve a formal notice before doing any work that has the potential to affect the structural stability of the wall.
If your neighbour disagrees, then both of you must choose another person to act for you, or the same one if that suits you better. It is used to present the schedule of condition as a legal document so that in case any damage occurs during work the Building owner cannot deny they caused it. The Surveyor will then make up an Award (drawings really) saying how and when the work will take place among other things.
If the retaining wall is entirely on your land and it does not encroach onto or affect the property of your neighbour, you may be able to simply proceed without any involvement from them. But regardless you still need to get permission to enter the land.
The latter is better, when you are unsure who has the wall on the boundary then always default to a shared wall. You shall then use the correct party wall procedures.
It could be legal trouble if you do this without that consent. The second aspect, you will probably have to pay money or fix what you did wrong. While it is always a great idea to gain advice from someone who knows what they are doing.
We are your local party wall surveyors provider so we can also help you through the process correctly and properly. We control everything for you and your neighbour. Our goal is to keep this as stress-free as possible for each of you.