Problem with a neighbour who is smashing down the dividing wall/fence.
Hi I have a problem with a neighbour who is smashing down the dividing wall/fence.
Our property is currently untenanted due to a burst pipe. It has been sitting empty for a good part of this year drying out and waiting for the insurance to come through. We just received the following report from our letting agent:
The police have just been into the office to inform ourselves, that there has been reports of drug taking and antisocial behaviour at your property accompanied by people entering the property. I went to investigate the reports and found
> that the rear shed is no longer secure and will require either a new door or boarding up.
> A fence panel has been smashed and rubbish dumped in the back garden, we have contacted the environmental services and informed them that the rubbish will be removed once the insurance works start in the coming weeks or so to try and get ahead of any complaints.
> I saw that the neighbours next door appeared to be having construction works going and had been dismantling the wall and throwing the bricks into the back garden. I went to enquire as to whether this is the case or not and have been told that the bricks are from your wall, and that the wall had collapsed. I have also been informed that it is your responsibility to replace, without the plan for the property I can not confirm this. They have also stated that the wall closer to the gate is also very unstable and loose and will require attention. They are of the belief that the wall could collapse onto their son.
What should we do about this neighbour and wall? How do I find out who is responsible for the wall? Isn't there some sort of joint ownership rule?
The way I see it:
1) We are completely responsible for the wall. In which case the neighbour caused malicious damage. And he would need to prove that the wall was structurally unsound before he started dismantling it.
2) He is responsible for the wall. In which case he needs to replace the wall.
What is the course of action?
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