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When a boundary wall isn’t a boundary at all

Published: 25/07/2025
Written by Liam Rochford

I have a small courtyard garden. Two of the boundary walls are the external walls of my neighbours' houses. These walls are damaged and masonry occasionally falls into my garden. Can I legally repair my neighbours’ walls if they overlook my garden and are damaged?

In urban areas with compact gardens or courtyards, it is common for the boundary of your property to be formed by your neighbours’ external walls. While this can maximise space, it raises a tricky legal question when those walls become damaged, especially if pieces of masonry are falling into your garden and your neighbours refuse to carry out repairs. So, can you take matters into your own hands and legally repair these walls?

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The short answer is… No! Not without their consent! But you do have rights and routes you can pursue.

Understanding Ownership

To begin with, if the walls in question are external walls of your neighbours’ houses, they are part of their property, not shared or party walls. This means that you do not have the legal right to alter or repair them without their permission. Doing so could be considered trespass and or causing damage to your neighbour’s property, even if your intention is to make the wall safer.

That said, your situation changes significantly when the condition of those walls starts to cause a hazard to you or damage to your own property.

Duty to Maintain

Homeowners have a legal obligation to maintain their property in a way that does not cause harm to others. If masonry is falling from your neighbours’ walls into your garden, it may pose a safety risk - to you, your family, or your visitors and could also damage plants, furniture, or structures within your garden.

This brings the principle of “nuisance” into play. Under civil law, a private nuisance occurs when someone’s use or disrepair of their property interferes unreasonably with your use or enjoyment of your own. Falling masonry would qualify as a nuisance.

What Can You Do?

1. Talk to Your Neighbours

Always begin with a conversation. Explain the issue calmly, document the damage, and highlight any risks, especially those to health and safety. If they are unaware of the problem or its severity, they may agree to arrange repairs.

2. Put It in Writing

If a verbal conversation leads nowhere, send a polite written request. Describe the issue clearly, include photos, and request action within a reasonable timeframe. This creates a paper trail should legal action become necessary. Even if a verbal conversation does lead somewhere, follow up the conversation by putting into writing what was discussed, as it is always worth having a paper trail of correspondence between the parties.

3. Legal Notice or Mediation

If they still refuse to act, you may be able to escalate the matter by:

  • Consulting a solicitor to send a formal letter before action.
  • Engaging in mediation which is often quicker and less costly than court proceedings.
  • In extreme cases, applying for an injunction to compel them to make repairs, or for compensation for damage caused.

4. Emergency Action

If the wall becomes dangerously unstable, you may have the right to carry out emergency work to protect your property, but only to the extent necessary to prevent harm. You must still notify the neighbour and, ideally, get their permission. If you do take action, you may be able to recover reasonable costs, but this is best done with legal advice to avoid accusations of trespass or damage.

Involving the Council

You can also report the issue to your local authority’s building control department. Councils have powers under the Building Act 1984 and similar legislation to enforce repairs to dangerous structures. If the wall is deemed a hazard, the council can issue a notice requiring the owner to make it safe, or do the work themselves and recover the costs.

In Summary

Boundary wall 2

You cannot legally repair a neighbour’s wall without their permission, even if it borders your garden and is in poor condition. However, if the wall is a hazard or is causing damage to your property, your neighbour may be legally responsible for repairs. You have options: negotiation, legal notices, council involvement, and, as a last resort, limited emergency action.

The key is to document everything, act reasonably, and seek professional advice if necessary. It’s a matter of balancing your safety and rights with respect for your neighbour’s property.

Liam Rochford is a Solicitor working in our Litigation and Employment teams. 

Please note that our briefings are for informational purposes only, and do not constitute legal advice.

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Any data that you submit using this web form will be held by our firm as Data Controller and will be held securely for 12 months before being securely and confidentially destroyed.
Find out more
Your data will not be disclosed to any third parties without your consent or as otherwise allowed by the relevant Data Protection legislation and will only be used for responding to your query (or purposes associated with that purpose).

You have the right to be informed about what data we hold about you along with other rights set out in the legislation. Further information about your rights under the data protection legislation can be found at www.ico.org.uk

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