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.
So how do you work it out with confidence? We asked the experts for their guidance on establishing who owns a retaining wall, what your deeds can (and can’t) tell you, and what happens if you want to make changes. Here’s everything you need to know before you pick up a trowel or call in the builder.
What does the law say about retaining wall ownership?
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.”
So while many retaining walls belong to the owner of the higher ground, the only way to be sure is to check the specific details of your property.
Nyree Applegarth is Partner and Head of Property Litigation at Higgs LLP. With over 22 years’ experience, she specialises in neighbour and boundary disputes, offering expert advice on fence rules, ownership, and property rights.
Jagdeep is the Head of the Civil Litigation Department at Blythe Liggins. He was awarded the Legal 500 Recommended Lawyer status in 2017 and has acted for both Claimants and Defendants in the County Court and High Court.
How can you tell if you own a retaining wall?
The best place to start is with your property paperwork. As Nyree Applegarth explains: “The first port of call would be the land registry title register and plan, because these days most land is registered and all rights and responsibilities should be set out on the register. Often there is a T mark on the land registry plan that indicates responsibility for a particular boundary feature which can include a wall.”
But the paperwork isn’t always conclusive. Jagdeep Sandher advises: “Look at the construction of the retaining wall – if it was built in the same materials and style as other parts of a property, for example the front wall, then it is more likely that all those walls were built at the same time. It could be argued that the retaining wall is likely to be owned by that homeowner. Historic planning permissions could contain detail on the construction of the wall. It’s also likely to have been signed off by Building Control when it was built, so this would all be documented.”
If the evidence still isn’t clear, the most reliable option is to bring in a surveyor, who can assess the land, inspect the wall, and review neighbouring deeds to build up a full picture.
Who is responsible for maintenance and liability if a retaining wall fails?
If you own the land the retaining wall is built on, you’re usually the one responsible for keeping it in good condition. Neglecting repairs can carry serious consequences, both financially and legally.
“The owner of the wall could be liable in nuisance or negligence if the wall fails and causes damage to someone else’s property,” says Nyree Applegarth.
And Jagdeep Sandher highlights the potential dangers if problems are ignored: “If the wall fails it could lean and fall, potentially causing injury or death. In that event, if the neighbouring landowner had failed to act on the concerns raised, there would be grounds for a personal injury claim.” He advises carrying out regular inspections, reporting defects to neighbours promptly, and ensuring your home insurance policy specifically covers retaining walls.
Can you alter or remove a retaining wall?
Think very carefully before making changes to a retaining wall. Even if it appears to sit on your land, it may be providing vital support to neighbouring ground, and interfering with it without the proper rights can land you in trouble.
Nyree Applegarth warns that the landowner responsible for a retaining wall may owe legal rights of support to adjoining land and property, meaning any alterations could give rise to a compensation claim if damage occurs.
Jagdeep Sandher is even more direct: “Removing or altering a retaining wall which doesn’t belong to you is classed in legal terms as an actionable nuisance, trespass and damage, and could result in legal action.” He advises speaking to an architect or structural engineer first, and checking with your local planning authority, as planning permission or building regulations approval may still be required depending on the work.
FAQs
What should I do if I’m in dispute with my neighbour over a retaining wall?
The first step is to talk to your neighbour. Sometimes a straightforward conversation is enough to resolve things. If that doesn’t settle the matter, check your deeds or ask a solicitor to review them. Nyree Applegarth recommends seeking legal advice early, as a solicitor can outline your rights and suggest mediation or a without prejudice meeting. This is usually faster and less stressful than going to court, which should always be the last resort.
What checks should I make about retaining walls when buying a property?
Make sure you raise the question with your solicitor during conveyancing. Nyree advises that your solicitor should confirm any answers from the seller against the title register so you know exactly where responsibility lies.
Jagdeep adds that a surveyor should also inspect the wall – ideally from both sides if possible – to flag any structural concerns. He recommends checking with your insurer too: “Before you’ve exchanged contracts, make sure that your home insurance policy will cover the retaining wall.”
For more advice on boundary disputes, read our guides on tricky issues like what to do if a neighbour’s tree is blocking sunlight, how to tell who owns a garden fence, and whether or not you can legally paint your side of a neighbour’s fence.
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