Our neighbour's broken wall is pushing over our garden fence, but she refuses to repair it. What can we do?

My garden and my neighbour's garden are separated by a fence, which is on my side of the boundary, and also a short stone wall which is on her side.

The short wall is broken in parts. It has started to lean on the fence and push the panels out of alignment, so I recently had to replace them. 

I asked my neighbour to remove or repair the wall as the same would happen to the new fencing, but she refused. 

I showed her how my fence is holding up her wall, but she refused to accept that. 

Where do I stand if her wall pushes over my fence? Can I ask her to remove or repair it then?

Dispute: A This is Money reader is concerned her neighbour's broken stone wall will further damage her fence - and is wondering if she can force her to get it repaired (file image)

Jane Denton, of This is Money, replies: You should not have to put up with your neighbour's wall damaging your fence. 

Check the title documents and Land Registry plans to confirm the wall is within the confines of your neighbour's property. 

You told me you have spoken to your neighbour face to face about this several times, but she seems to have no desire to put her hand in her pocket and pay for the repairs or a new wall. 

Your next step should be to write a letter to her outlining what damage her wall is doing to your fence and what you think should be done about it. A solicitor could also do this for you, but you would have to pay for their services. 

Take dated photographs of the damage and consider appointing a professional surveyor to assess how the wall is damaging your fence. 

The fact that your neighbour's wall has caused or is likely to cause damage to your fence could constitute a private nuisance. 

You cannot set foot on your neighbour's land to fix their wall or realign your fence, however. 

I asked two solicitors for their thoughts.

James Naylor, a partner at Naylor Solicitors, said: The leaning wall and the resulting misaligned fence raise a number of potential legal issues, starting with trespass. 

If your neighbour's wall has moved beyond the legal boundary and onto your land, that could amount to a continuing trespass.

Even if the wall has not crossed the boundary, there may be a claim in private nuisance if its condition is causing damage to your property, or poses an imminent risk of damage.

It is helpful that you raised the issue before the new fence was installed and asked your neighbour to repair or remove the defective sections. 

A landowner who knows, or ought reasonably to know, that a condition on their land presents a foreseeable risk of damage to neighbouring property may be required to take such steps as are reasonable in the circumstances to prevent that damage.

I also note that parts of the wall appear to be relying on the fence for support. 

I would not recommend removing that support without first obtaining professional advice. 

If the wall were to collapse afterwards, it could lead to arguments about responsibility for any resulting damage, repair costs or injury.

If the wall continues to press against the fence and causes it to lean, break or collapse, you may be entitled to recover the reasonable cost of repair or replacement, provided you can show that the wall caused the damage and can evidence your loss.

For now, take clear photographs of the wall, the fence and the areas of misalignment, and keep any earlier photographs, correspondence, quotations and receipts. 

It may also be sensible to instruct a surveyor to assess the wall's condition and stability and, if there is any doubt about the boundary position, to confirm the boundary line.

 Your neighbour is entitled to keep a wall on her own land, but she cannot simply ignore a known problem if it is causing damage to your property

Armed with that evidence, you or a solicitor can write formally to your neighbour requesting that the defective sections of the wall are repaired or rebuilt, and in the correct place. 

If she refuses and the wall continues to cause damage, you may be entitled to pursue a claim at court to recover your losses and, in some circumstances, you may seek an injunction requiring the nuisance or trespass to be remedied.

In short, your neighbour is generally entitled to keep a wall on her own land, but she cannot simply ignore a known problem if it is causing, or foreseeably risks causing, damage to your property. 

If the wall has crossed the boundary, is pushing against the fence, or ultimately causes the fence to fail, you may have a claim in trespass, nuisance and/or for damages. 

Much will depend on the exact boundary position, the condition of the wall and the evidence showing what damage it has caused.

Manjinder Atwal, director of housing and property litigation at Duncan Lewis Solicitors, said: You should not simply be expected to watch your neighbour’s crumbling wall push over or damage your fence, particularly if you have already warned her that this is happening.

If the wall is on your neighbour’s land and is in a state of disrepair, responsibility for maintaining it will generally rest with the owner. 

The fact that your fence happens to be alongside it does not mean you have to accept damage to your property.

Manjinder Atwal is director of housing at Duncan Lewis

However, before taking matters further, establish exactly where the boundary lies and who owns the wall. Do not assume that its position tells the whole story. 

Your title documents and the Land Registry plans may help, although Land Registry plans generally show boundaries only approximately rather than giving a precise measurement.

If you have not done so already, you should then put your concerns in writing to your neighbour. 

Explain that the wall is already affecting the position of your fence, that you are concerned further movement could damage it and ask her to have the affected sections inspected and repaired.

Take photographs now, including close-ups of the damaged sections of wall and any points where it is pressing against or affecting your fence. 

It would also be sensible to get an independent builder, surveyor or structural engineer to give you a written opinion about the condition of the wall and whether it is likely to cause further damage. That evidence could be extremely useful if the dispute escalates.

If the wall subsequently falls and damages your fence, the fact that you had already raised the problem with your neighbour could be important. 

Depending on the circumstances, you may have a claim for the cost of putting right damage caused by the wall.

What you should not do is take matters into your own hands by dismantling, moving or repairing the wall without first taking legal advice. 

It remains on your neighbour’s property and interfering with it could create a new dispute.

If your neighbour refuses to do anything, a solicitor can send a formal letter requiring the problem to be addressed and advise whether the circumstances amount to a legal nuisance or give rise to another claim.

The most important thing is to create a paper trail now. Do not wait for the wall to collapse before acting. 

If you can demonstrate that your neighbour knew the wall was defective and was warned that it was putting your property at risk, you will be in a much stronger position if damage occurs.

Do you have a property question? Email jane.denton@dailymail.co.uk 

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