Are you or your neighbour looking to do building work around retaining walls Melksham?
People need a party wall surveyor for retaining wall disputes to determine ownership, responsibility, and legal obligations.
We help to prevent or resolve conflicts by ensuring proper notices and agreements are in place. This protects both parties and keeps the project legally compliant and on track.
When you think about retaining walls Melksham and boundary walls near where a property ends, landowners and neighbours both have some legal things they must do. This is even more important if that wall helps support both places or has an effect on both sides.
Under the Party Wall etc. Act 1996, if you want to build, change, or fix retaining walls Melksham that are on or close to the boundary, you may need to give a party wall notice to the neighbor who owns the next property.
Key responsibilities may include:
1. Maintenance Duties: If the wall holds up both properties, both sides might have to help with taking care of it and fixing it. This can depend on who owns it and what everyone first agreed when they built it.
2. Notification of Works: If someone living next to you wants to start work that touches a shared retaining wall—this can be digging, making the base stronger, or building again—they must let the other neighbour know first. They need to do this by giving proper notice in a letter, as the Party Wall Act says.
3. Access Rights: If you need to go onto the neighbour’s land to do the work, you have to talk with them and get their agreement. If there is any argument about this, then a surveyor can help both sides talk and sort it out.
4. Damage Liability: The party doing the work has to make sure there is no extra harm to the neighbour’s property. If any problem happens, they will fix it. This is the law and everyone must follow it.
Disputes over retaining walls Melksham happen a lot, but you can avoid them with good advice. Jason Edworthy, your local party wall surveyors provider, can help you understand what needs to be done. We will give the proper notices and look out for the interests of both sides.
Retaining walls Melksham disputes often arise when structural problems impact neighbouring properties or raise questions about responsibility and safety.
These issues can create legal and financial complications if not addressed early—and are a common trigger for invoking the Party Wall etc. Act 1996.
Here are some of the most common structural issues that lead to disputes:
1. Wall Movement or Leaning
Over time, retaining walls Melksham may start to lean or shift due to poor construction, ground movement, or inadequate drainage. If a wall begins to encroach on a neighbour’s land or poses a risk of collapse, it often leads to disagreements over liability and repairs.
2. Cracks and Structural Failure
Cracks can appear due to soil pressure, freeze-thaw cycles, or inadequate footings. If these cracks affect stability or cause damage to a neighbour’s property, disputes can arise over who is responsible for rectifying them.
3. Water Drainage Problems
Poor drainage is a leading cause of retaining wall failure. If a wall redirects water toward a neighbour’s land or causes flooding, it can quickly become a source of legal contention.
4. Boundary Uncertainty
Disputes often begin when there’s confusion over who owns the wall, especially if it sits directly on the boundary line. Without clear documentation, this can escalate quickly.
5. Neglected Maintenance
If one party neglects their part of the wall and it starts to fail or look unsightly, it can cause friction—especially when the structural integrity or aesthetics affect the neighbour’s property.
6. Unauthorized Construction or Alterations
Building or modifying a retaining wall without serving a party wall notice or getting agreement from the neighbour can lead to legal disputes, especially if the work impacts the adjoining property.
As your local party wall surveyors provider, we can assess the situation, help determine responsibility, serve the proper notices, and mediate disputes—ensuring everything is handled professionally and within the law.
Liability in retaining walls Melksham dispute depends on several key factors, including the location of the wall, its original purpose, and any agreements between neighbours. Determining who is responsible can be complex, which is why professional party wall advice is often essential.
Here’s how liability is generally assessed:
1. Location of the Wall
If the retaining wall is entirely on one party’s land, that person is usually responsible for its upkeep and any resulting damage.
If it straddles the boundary, responsibility may be shared—unless there’s proof of original ownership or agreement otherwise.
2. Who Built the Wall
If records or past agreements show that one party constructed the wall for their benefit (e.g., to level their land), they may be liable for maintaining it.
In some cases, liability can be inherited with the property, even if the current owner didn’t build the wall.
3. The Wall’s Function
If the wall supports land at different levels, the person whose land is being retained (held back) is often liable.
If the wall benefits both properties equally, responsibility may be split.
4. Negligence or Damage
If one party has damaged or altered the wall without consent or proper notice, they may be fully liable for any resulting issues.
Under the Party Wall etc. Act 1996, failure to serve notice or follow proper procedure can shift liability to the party who undertook the work.
5. Legal and Surveyor Involvement
When disputes arise, a party wall surveyor (like Jason Edworthy) investigates the facts, reviews the documentation, and may issue a Party Wall Award that outlines each party’s legal responsibilities.
Need Help?
As your local party wall surveyors provider, we can help determine liability clearly and fairly, protecting your rights and resolving disputes before they escalate.
No, you usually cannot change or fix shared retaining walls Melksham without your neighbor saying yes to it. This is true if the wall is on the line that separates both of your properties.
Shared retaining walls Melksham often come under the Party Wall etc. Act 1996. This means you have a legal duty to give a formal notice before you start any work that could change how strong or steady the wall is.
If your neighbour does not agree, both of you will each need to choose someone to act for you, or you can both pick the same person. This person will then put together a Party Wall Award, which says how and when the work will happen.
If the retaining wall is fully on your land and it does not affect your neighbour’s property, you may be able to go ahead without their consent. But you will still need to get permission to use their land if you need to do that.
If the wall is on the boundary and you do not know who owns it, it is best to think of it as a shared wall. You should then use the right party wall steps.
If you do something without getting consent, you can face legal trouble. You may also have to pay money or fix what you did. To be clear and safe, you should ask for help from someone who is trained in this kind of work.
As your local party wall surveyors provider, we can help you go through the process in the right and proper way. We make sure everything goes well for you and your neighbour. It is our aim to make this time easy for both of you.
