Demolish shared out-house without permission

[Andy_R]

Hi all

I have a bit of an issue that I hope someone could help with or advise where I stand legally:

I own and live in a mid-terraced house. The joining neighbours house is rented and has access rights into my rear garden with joint ownership of the outhouse. The outhouse has 2 storage rooms and a toilet - the land registry/deeds do not specify which part of the outhouse is owned by which property, so I am assuming 1 storage room and shared toilet ownership to each property.

The problem is that the outhouse is falling down and the rear wall, which is the border to another neighbour, is starting to fail; theres a approx 1m sq part of the wall at the top which is bowing out towards the other property, over their drive where they park their car. I have had builders look at it, and all agree the wall is loose and dangerous. Theres a real risk of it falling outwards.

In my opinion, the outhouse should just come down - in addition to the structural issues, it leaks and the doors have swelled, so it's not secure or dry. The cost to repair it far exceeds the cost of demolition, skip hire and purchase of a shed(s)

The issue is that the co-owner neighbour is not agreeing to any action (even though I have offered to do the work and stand the costs) and has subsequently stopped replying to emails or letters. This has been pursued for over 12 months now and not come to a resolution.

Where do I stand legally on this, and can any one advise of a course of action?
I am concerned of the risk of the wall failing and damaging the car or worse, hurting a person or child.

Thanks in advance for your responses!

 

[PostBrexitInvestor]

It may be a last resort but what about getting the council to come out and check the outhouse? If they deem it dangerous then your co-owner will have no choice but to take action. A bit like using a hammer to crack a nut, but sounds like the only way you will get the other party to do something about it.

The problem is, if it did fall onto someone elses land you might get sued for damages or god forbid it fell on someone then you would be in serious trouble. The fact all parties were aware it was dangerous could be deemed negligence in the event it did cause an injury.

 

[Andy_R]

It may be a last resort but what about getting the council to come out and check the outhouse? If they deem it dangerous then your co-owner will have no choice but to take action. A bit like using a hammer to crack a nut, but sounds like the only way you will get the other party to do something about it.

The problem is, if it did fall onto someone elses land you might get sued for damages or god forbid it fell on someone then you would be in serious trouble. The fact all parties were aware it was dangerous could be deemed negligence in the event it did cause an injury.

Thanks for your reply!

I wasn't aware the council would do that; I will get in contact with them and see what they say. I agree, it's a bit of a sledgehammer approach, but I am genuinely concerned (for all the reasons you mentioned) and seem to have few options available.

Many thanks

 

[diyhelp]

You might find this link useful:-

https://www.gov.uk/report-dangerous-building-structure

 

[PostBrexitInvestor]

Very interesting link - I didnt know this existed

Did you have any luck @Andy_R ?

 

[Andy_R]

You might find this link useful:-

Thanks for the link! That’s really useful as I was struggling to find it on the local council site.

I have sent one last email to the owners next door with a bit of an ultimatum. Hopefully that will get a response. Failing that I will notify the council next week and let you know how that goes

 

[FWL]

Might be useful to call the council just to check the process and what kind of costs might be incurred. At the end of the day it needs done - as it could turn out to be a whole lot more expensive if left - but better to know what to expect. Good luck!

 

[Andy_R]

Just to follow on from this; I did speak to the council, but unfortunately they don't get involved unless the building is posing a risk to the general public - I.e. if there was a risk of it falling onto the pavement, footpath or other public space, then they could take action. But as it falls onto private property, it doesn't come under them and is a private matter.

 

[Longterminvestor]

Maybe try citizens advice? They should be able to help.