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Hi
Any one got any knowledge on ownership of retaining walls ?
Our house has a drive way next to our neighbours drive
Our neighbours drive is elevated above ours and eventually gets to be about 4 feet above our level
The retaining wall is made up of slabs of cast concrete - and would have been put in place back in the 1930's when both house were built
The problem we have is the wall is leaning over (Its not making any dramatic movements but is noticeably out by a few inch's at the top) and we are planning on moving soon
Our deeds only say we have ownership of the fence (there are posts between the slabs, which has slat fence attached) and makes no mention of any retaining walls
As its going to be our neighbours drive, then house and garage than will end up on our side if the walls collapse - do they own the wall ?
The problem is that in the absence of any specific provisions in the registered title, it can be very difficult to establish ownership where a retaining wall is the same age as both properties.
With a newer property built next to an older one, a retaining wall is usually for the benefit of the newer property and therefore probably belongs to the newer, but in your case there are three options: a) that it is restraining the land of the higher property and therefore their responsibility; b) that it is preventing the higher land from falling onto your land and therefore your responsibility; or c) that it is jointly owned.
Has it ever been maintained?
If it's directly on the boundary, it could be a party fence wall, but if it is inside the boundary line either way it could belong to the respective property.
Not easy, I'm afraid... (IAAL).
Contact your house insurer; potential buyers will be happy if the problem is under control. If it's not your problem then the insurer now has an interest in getting this sorted