The wall, which borders a property on South View and runs alongside the private access footpath of Bohelland Villas, was found to be in a state of disrepair and structurally unstable. Cornwall Council argued that the deteriorating condition of the wall posed a significant safety risk to the public using the adjacent footpath.
Under Section 77 of the Building Act 1984, the court granted the council’s request, requiring the property owners to take action to either make the wall safe through repairs or to demolish the structure—or any part of it considered hazardous—and remove all resulting debris.
The owners, a man and woman, were also each ordered to pay £100 towards the council’s legal costs. The court has set a deadline of 1 October 2026 for the work to be completed.
According to Cornwall Council’s guidance on boundary responsibilities, if a wall provides privacy and security to a private property adjoining public land or open space, it is typically the responsibility of the private landowner to maintain it.
The council notes that while there is no obligation to mark a boundary with a wall or fence, any such structure erected for the benefit of the private property—such as for security or privacy—falls under the landowner’s duty of care.
In cases where a boundary structure holds land at a higher elevation, maintenance usually falls to the higher property. If not, responsibility is often shared, with each party maintaining their side.
However, the council stresses that there is no obligation to maintain a shared boundary to the same standard, and any additional security measures are the private landowner’s responsibility. Cornwall Council said the decision was made in the interest of public safety and urges property owners to ensure their buildings and boundaries are properly maintained.