Do I own a retaining wall? Here's how to find out - and avoid neighbourly disputes

"If you've ever puzzled over a boundary between your home and next door, you might have wondered: do I own a retaining wall, or does my neighbour? Retaining wall ownership isn't always straightforward, and in some cases, the answer can be surprisingly complex. In general, if a retaining wall sits on your land and encloses your property, it's likely you're the one responsible. But deeds aren't always clear, boundaries can be blurred, and responsibility can hinge on who built the wall in the first place. That means assumptions can quickly lead to neighbourly disputes - or even costly repairs if the structure fails."

"If a retaining wall sits on your land, you're normally the one responsible for it. But there's no single legal rule that applies in every case. Nyree Applegarth, partner and head of property litigation at Higgs LLP, explains: "There are no general rules about who owns a retaining wall. It will depend in each case, who owns the land on which the wall is situated." Often, that means looking at the purpose of the wall. As Jagdeep Sandher, partner and head of civil litigation at Blythe Liggins Solicitors, expands on this: "Generally, a retaining wall is designed to retain the land of the person who has the higher land, to provide structure and support for their own property and to prevent a nuisance occurring from earth escaping onto neighbouring land.""

Ownership of a retaining wall depends on ownership of the land where the wall stands. If the wall sits on a property and encloses that property, the landowner is typically responsible. Deeds and boundary records can be unclear, and responsibility can also depend on who constructed the wall. Retaining walls commonly serve to support higher ground and prevent soil movement onto neighbouring land, so the owner of the higher ground often bears responsibility. Unclear ownership can cause neighbour disputes and expensive repairs if a wall fails. Checking property deeds, determining the wall's purpose, and seeking expert or legal advice can resolve ownership and liability.

Read at Homebuilding