As the title says, I need some advice regarding our neighbours (not family members) and boundary fencing - in particular retaining walls. (if this is in the wrong section I apologise, wasnt sure where to post it).
We bought our house 6 years ago, within about 12 months of being here our houdini of a dog managed to figure out that the retaining wall into our neighbours yard was not installed properly, and dug her way through it. This has happened a few times now, (once when we were on holidays) and our neighbour leaves his side gate open and just lets our dog run off, doesnt even bother to try to contain her until we get home that day. We put temporary measures on our side of the fence to stop her from getting through, (chicken wire so she cant dig) but this wears away over time and she gets out again.
The whole street has had the same dodgy retaining walls put in, and over the years we have seen all the homes along the street replacing them. We have approached the guy next door about replacing his 4 times now, offered to pay for half, and he always says he will get quotes and get back to us but never does.
The wall has now gotten so bad that the aluminium fence sitting on top of it has nothing left underneath it, and the only thing holding it up is the attachment to the rear boundary fence. It is leaning very badly in his direction and looks like it will fall at any time. Aside from the issues with my dog, his grandchildren live with him and play out in the yard and Im worried that the fence will fall down and hurt one of them and I refuse to let my DS out in our yard because it is a safety hazard.
We are on the high side of the wall, meaning that the retaining wall is in his yard, anyone who was to replace it would have to gain access through his house. As I said, we have contacted him on 4 separate occasions over the past 5 years and he just refuses to have anything to do with fixing it. My hubby contacted the council last week, they came out to have a look but said its a private matter and they want nothing to do with it.
So, does anyone have any advice for me, on who is actually legally responsible for the wall (him or us), and how I can force him to get it fixed? Ill also add that in the 5 years since all this has happened, he has built a garden shed in the back yard and a pergola on the back of his house so it obviously isnt a cashflow problem
Sorry for the long post, but I have no idea what to do.