The retaining wall between our property and next door’s is leaning badly into my drive. There is no mention of the wall in either of our deeds; am I right in saying it is my neighbours’ responsibility since it is a retaining wall for their garden?
If the wall isn’t mentioned in the deeds then it will be jointly owned and in theory decisions about it – whether to rebuild it or knock it down – should be made jointly. However the fact that it is leaning into your property amounts technically to a trespass, and you could have a claim for damages were it to fall into your property. If necessary you could ask a surveyor to arbitrate.