Neighbours boundary wall supports our gate - wall destroyed by neighbour - where do we stand?

[spezza123]

Hi
Hope someone can assist with this please. I live in a small block of flats owned by a housing association. We have a very large heavy gate for access to vehicles which is attached to a wall which is on property belonging to our neighbour. The wall is their property. 15 years ago when our flats were built we were given permission for our gate to be attached to this wall. At the time this property was a public house and we believe this was a verbal agreement given to the housing association. The pub was sold to property developers a few years back and they have reduced the height of the wall by half and which has weakened the support for the gate which probably weighs about a tonne. The gate now scrapes along the floor and is getting worse as the support provided by the wall weakens further. The new property owner has run out of money and building has ceased. The wall is slowing falling apart. We have been told the wall does not belong to us and if we want the gate repaired then we the residents will have to pay via our service charge. The drawings on the new build do not mention supporting the gate and show that the wall will be demolished and rebuilt to a height of 4ft - no where near enough to support the 12ft high gate. Where do we stand? Can we claim against our buildings insurance and then claim it back from the developer.? Many Thanks

[daffy654]

Why can't it be fixed to the wall of your property?

[buildersmate]

There's nothing you can do to demand the continued support from a neighbour's wall. Unfortunately the gate should have been the subject of a formal agreement in the first place.
Building insurance exists for specific risks - I doubt that you will find such a thing as this is covered. You need your own support on your own land - if there is room - for the gate to hang on. A substantial steel rod needs to be piled into the ground and a new pier constructed around the rod. The gate then hangs on that.