DIVIDING GARDEN WALL

Re: DIVIDING GARDEN WALL

Postby Sally Penny » Wed Mar 25, 2015 3:36 pm

arborlad wrote:
Sally Penny wrote:Arborlad - I can't see that the land has been lowered, as the drives at still steep - there are four detached properties in this section of the Lane, all four seem to have been built on the top of a high 'mound', falling away at the front and the back. I do know that they weren't all built together.



Hmm, something needs to explain the presence and location of your water main, which is now at risk, it should be at a depth of 2'-6"/750mm to protect it from frost, but in these circumstances that should be considered horizontally as well as vertically. Does your neighbours water main run in the same way, what of the other two properties, are they laid out similarly?

It could be that your water main burst at some point in the past and the path of least resistance was chosen to relay the new one.


Hi Arborlad,

I have often wondered if, when the properties were originally built many many years ago, they had steps leading up to the front, and maybe that is why utility pipe are buried in such a way. I have a gas line on the other side of the drive under a hedge. Sorry, I can't really answer your question as, as I have mentioned previously, I have only been here 15 years.
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Re: DIVIDING GARDEN WALL

Postby MacadamB53 » Wed Mar 25, 2015 3:55 pm

Hi Sally,

are/were the walls joined together somehow at either end? (sorry for asking so many questions btw)

Kind regards, Mac
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Re: DIVIDING GARDEN WALL

Postby Sally Penny » Wed Mar 25, 2015 4:50 pm

Hi Mac,

The two walls, separated by the void, ran down the two sloping drives until they reached road level. When standing on either driveway looking down to the road, mine took a right, and his took a left, and both butted up to each other at road level. However, his small stone wall at road level was approximately 2 to 3' in length, whereas my brick wall, is approimately 1 or 2 feet in length. When I say in length, I mean running from left to right. On top of his stone wall (down his drive) he had a rhododendron hedge, since gone, and I had my lavender hedge,(down my drive) which remains at present. The two hedges ran parallel to each other.

By the very fact that he has stopped short of removing the soil where it meets my bottom wall means he has acknowledged that he can't remove that soil, as its mine.

The only problem I have is, if he intends doing nothing regarding my 'swinging' soil, then I need to access his driveway to shore it up myself. I am quite resigned to the fact that he may do nothing to support my soil, however, if I want to do the work myself, can he refuse if it means my soil and hedge will collapse.

That really is my only problem right now - can he refuse me the right to secure my own property!!!
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Re: DIVIDING GARDEN WALL

Postby arsie » Wed Mar 25, 2015 5:18 pm

Hi Sally, the answer to your question is, not ultimately. Google 'right to access neighbours land'. I quote below from the Citizens Advice Bureau site, where they usually put things in good plain English: http://www.adviceguide.org.uk/.

You should first try to gain access by agreement, of course. But if that is not possible ...

Access to a neighbour’s land for repairs

If you want to carry out repairs to property or land you may need to have access to your neighbouring property or land in order to carry out these repairs.

There may be a right of entry specifically for the purposes of inspection or repair in the property’s legal documents. If there is no such right, or no agreement can be reached, the law allows you as the person wishing to carry out repairs to apply to the county court for an access order allowing you to enter your neighbour’s land to carry out the repairs. There is a fee for the application.

If you wish to apply for an access order you should consult an experienced adviser, for example, a solicitor or a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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Re: DIVIDING GARDEN WALL

Postby Sally Penny » Wed Mar 25, 2015 5:46 pm

Thanks for that Arsie.

It may be that I come across as a bit of a defeatist, however, I have seen so many people lay out lots of money and become very ill in the process over disputes such as these, that I am not prepared to be one of them. How many times have we read that the court has found in peoples favour, and yet the guilty party decides to ignore. My theory is, I may as well spend the money on rectifying the damage, than spend it on legal fees, and be left in the same position.

Once my soil etc is secure, I can turn the light out on this person, and go about living my life.

Thank you all for your suggestions and input, it has been really appreciated.

Sally
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Re: DIVIDING GARDEN WALL

Postby arsie » Wed Mar 25, 2015 6:02 pm

I don't think you come across as defeatist, you are very level headed.

You might have to swallow hard to talk with him but the best outcome would be if the neighbour did the work, so it looks pleasing to him, yet meets your needs. Your only objective, to shore up the soil, need not be pleasing on the eye. I would plan/cost putting in galvanised steel shoring. This would take up the minimum of space - space being the reason he removed his wall in the first place. Show him some pictures. It's not pretty - I'll see if I can find some ;)
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Re: DIVIDING GARDEN WALL

Postby Sally Penny » Wed Mar 25, 2015 6:17 pm

arsie wrote:I don't think you come across as defeatist, you are very level headed.

You might have to swallow hard to talk with him but the best outcome would be if the neighbour did the work, so it looks pleasing to him, yet meets your needs. Your only objective, to shore up the soil, need not be pleasing on the eye. I would plan/cost putting in galvanised steel shoring. This would take up the minimum of space - space being the reason he removed his wall in the first place. Show him some pictures. It's not pretty - I'll see if I can find some ;)


You have really made me laugh arsie, that's exactly what my partner intends putting up, if we have to do the work. Like you say, it will take up minimum space, and likewise, we wont have to look at it, so it makes no difference to us what it looks like. The only hard part is speaking to the man, but I think my shoulders are broad enough for that one.

I would really appreciate some photo's if you have any to hand, and thank you.
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Re: DIVIDING GARDEN WALL

Postby arsie » Wed Mar 25, 2015 6:36 pm

Image
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Re: DIVIDING GARDEN WALL

Postby MacadamB53 » Wed Mar 25, 2015 7:25 pm

Hi Sally,

what is it that you're proposing needs doing from his land?

Kind regards, Mac
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Re: DIVIDING GARDEN WALL

Postby Sally Penny » Wed Mar 25, 2015 8:05 pm

Arsie,

Just perfect and beautiful :D

Thank You
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Re: DIVIDING GARDEN WALL

Postby Sally Penny » Wed Mar 25, 2015 8:09 pm

MacadamB53 wrote:Hi Sally,

what is it that you're proposing needs doing from his land?

Kind regards, Mac


Hi Mac,

To put in a soil retainer of whatever kind, we cannot do this by leaning over the top of my lavender,and dangling down the already unstable soil, hence, we need to go on his drive to secure/erect the retainer.
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Re: DIVIDING GARDEN WALL

Postby MacadamB53 » Wed Mar 25, 2015 8:48 pm

Hi Sally,

sounds like you're certain of the extent of your land then.

I think you have gleaned enough info and have enough gumption to succeed.

Kind regards, Mac
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Re: DIVIDING GARDEN WALL

Postby Sally Penny » Wed Mar 25, 2015 9:07 pm

MacadamB53 wrote:Hi Sally,

sounds like you're certain of the extent of your land then.

I think you have gleaned enough info and have enough gumption to succeed.

Kind regards, Mac



Thanks for your time Mac
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