Q&As

In the absence of any evidence in the title deeds to the properties concerned, who is responsible for a retaining wall?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 05 October 2016
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A retaining wall is a wall between two pieces of land where the land on one side of the wall is higher than on the other side. A retaining wall will also form the boundary between two plots of land and thus a retaining wall will also be a boundary wall but a boundary wall will not necessarily be a retaining wall. See Practice Note: Property boundaries.

To further complicate matters, a boundary wall may also be referred to as a party fence wall. The Party Wall etc Act 1996 (PWA 1996) provides that 'party fence wall' means a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the artificially formed support of which projects into

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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United Kingdom

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