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Green Building Bible, Fourth Edition
Green Building Bible, fourth edition (both books)
These two books are the perfect starting place to help you get to grips with one of the most vitally important aspects of our society - our homes and living environment.

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  1.  
    Posted By: philedgeDont know what the law says but if the highways want a retaining wall for their road, Id leave them to sort it out. If they have put cones out then they are aware of the road condition and I'd be pretty sure they would now be responsible for keeping the road in a safe state from now on.

    The trouble is that it transpires that the wall is not a retaining wall but rather a boundary wall owned by the OP and damaged by misuse of the road so I doubt that the road authority will be keen to spend money on it without some pressure.
    •  
      CommentAuthordjh
    • CommentTimeOct 8th 2018
     
    I suspect it will all get murky quite quickly if anybody pokes the issue. The road can expect support from the adjacent land, which is Carol's, so if the road subsided because it didn't get that support and that also caused the wall to collapse, then there could be an argument for Carol to put everything right. But if the arrangement is as old as everybody thinks things may be different. And Carol has previously requested a weight restriction but whether that is strong enough evidence to place an onus on the council to now rebuild the wall is another question. So maybe best to let sleeping dogs lie, as other landowners have done previously.

    Consulting a solicitor is an obvious next step, but expensive. The Garden Law forum is free but not necessarily reliable advice, like here. Other possibilities might be the Citizens Advice Bureau or Which? Legal or similar, I suppose.
    • CommentAuthorCWatters
    • CommentTimeOct 8th 2018
     
    I think I would just wait.

    If sections of the wall owned by neighbours have been down for awhile you could ask them if they have been approached to fix it but that's all I'd do at the moment.

    If highways have put up tape already they clearly know about it.
    • CommentAuthorphiledge
    • CommentTimeOct 8th 2018 edited
     
    <blockquote><cite>Posted By: Peter_in_Hungary</cite><blockquote>
    The trouble is that it transpires that the wall is not a retaining wall but rather a boundary wall owned by the OP and damaged by misuse of the road so I doubt that the road authority will be keen to spend money on it without some pressure.</blockquote>
    I dont really understand what has collapsed as it started out as a 10M sheer wall and seems to have morphed into wooded bank topped with a 4.5 ft wall. Either way if theres highways cones at the top, I'd just make the garden safe and wait for the highways engineers to turn up and see what they have say. I wouldnt mention ownership of anything and just see what everyone else has to say
  2.  
    Thank you so much folks. We have sent a letter with accompanying photos. We had a visit from Highways and they said they would be placing more substantial barriers on the road adjacent to the collapsed wall. I'm very happy to send the letter/photos if anyone is interested...not sure how to do that and feel it may be beyond the call of gracious acceptance of your help!

    The issue is not especiall y the re-buiding of the wall as we simply cannot afford to do that as well as it being dangerous to work immediately below. We await Highways/council response from our letter two weeks ago.

    Our main concern is that we are not held responsible for any vehicles/people(!) coming off the road down into our plot. The 4.5 ft wall was never going to prevent that should a large vehicle knock into it which has happenend numerous times at the other end of a neighbour's section of the wall. We also feel that re-building the wall at great cost to us when it will continue to be undermined by the proximity of HGV's and trucks parking and moving right up against it is pointless. It's the fear of being landed with an unfair proportion of the liability we're most concerned about. Whilst distinct boundaries exsisit in law, they certainly don't in the real, material world!
  3.  
    Pictures would be good to aid understanding, and the letter if you are happy to share.

    Not least I think pics may help me (and others?, or it may just be me!) understand this:

    ''The issue is not especially the re-building of the wall as we simply cannot afford to do that...''

    I get that bit.

    ''... as well as it being dangerous to work immediately below. ...''

    ...but don't get that bit, possibly.

    Do you mean that the remains of the wall that you'd have to build off are below road level, so that it would be perilous for you (or anyone) if a vehicle were to approach while you/they were working?

    If my understanding is right then a little depends on how substantial the 'more substantial barriers' are.
  4.  
    Posted By: Carol hunterWe had a visit from Highways and they said they would be placing more substantial barriers on the road adjacent to the collapsed wall.

    IMO the key is the location of the boundary. Is the wall the boundary - or is it an assumption that the wall is the boundary. If the boundary is on the road side of the wall then you should be asking the road authority to ensure and confirm that no part of the new barrier trespasses on your land.

    I think that you should also tell the authority that the road is unsuitable for the heavy traffic using it as evidenced by the damage and you should request a lighter weight limit, consistent with the site conditions and further given that damage has occurred proving the unsuitable conditions you hold them liable for further damage in the event they take no action.
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