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unstable boundary wall

  • 24-07-2013 3:52pm
    #1
    higashi
    Registered Users, Registered Users 2 Posts: 6 ✭


    We have just removed outside wc and boiler house that were standing against boundary wall. Wall only 4" thick and there since house built in 1930's. Architect and engineer thought wall looked the worse for wear and went to talk to neighbour about possibility of strengthening existing wall or knocking down and building new wall.

    Neighbour's first reaction was that he would have to get his own engineer to look at the wall and that we would have to pay his engineer's fee.
    When my architect & engineer went to look at wall on neighbour's side, it was clear from marks on wall that he had also recently removed an outhouse that had acted as a wall support. He admitted that he had removed it three years ago.

    My feeling is that if it is mutually decided to replace wall, then it would be fair if the cost is split 50:50. If he doesn't want to pay, then my favoured solution is to position steel poles my side to strengthen wall.

    My questions are:
    a) am I obliged to pay for his engineer to inspect wall?
    b) if he refuses to pay anything and wall is left as is, are we liable if wall crumbles onto his side due to old age/poor condition and because both he and we have removed outhouses that were acting as wall supports?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    higashi wrote: »
    a) am I obliged to pay for his engineer to inspect wall?
    No.

    However, I presume you want the problem solved.

    Talk to a solicitor familiar with such problems.


  • #3
    higashi
    Registered Users, Registered Users 2 Posts: 6 ✭higashi


    Victor, yes, want problem solved but don't see why I need to pay for his engineer to inspect wall. He removed his wall-supporting outhouse 3 years ago, we removed ours this year. I wondered if there was some legality saying that because we took the last support away, that we were liable to pay for his engineer.

    Pododo, we BOTH removed the outhouses part of the function of which was to support the wall. So it seems to me we are both responsible in equal measure for the unstable condition of wall. As a result, splitting cost 50:50 of making wall safe seems like a reasonable solution. But the neighbour didn't want to take the word of our architect/engineer and wanted his own which is fair enough. But asking me to pay his engineer's fee seems strange...


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Your question is about the extent of your liability, or whether there is any reason to believe that such liability should be any more than 50:50. It's a question that can't be answered on this forum.

    It would be very interesting to know what your engineer says about the cause of the damage to the wall. Does he say that it is due to the age or poor construction of the wall? Does he say that it is due to the age or poor construction of the wall, but that the problem was aggravated by the removal of supports/outhouses? How long were those supports/outhouses there? Were they there 10 years, 20 years, or since the houses were built?

    Obviously, your neighbour is entitled to get his own engineer. However, if he was my neighbour and if he asked me to pay for his engineer, I wouldn't be very impressed, in the circumstances. I think that it would be a reasonable question to ask your neighbour why he asks you to pay for his engineer, at this stage.

    On a practical level, it would be a good idea to check with your engineer as to the approximate cost of building a new wall and the neighbour's engineering inspection.


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