Neighbour has raised garden level

Neighbour has raised garden level

Postby Nancyr » Fri Apr 01, 2005 11:06 am

My neighbour has used spoil from his building work to raise and level his previously sloping garden. My fence is now totally ineffective as a screen, so causing loss of privacy. Is he allowed to do this and if so, by how much?

The earth is piled against the fence in many places and is spilling through - is he allowed to do this?

Where the level has been raised significantly, he has also used my fence as a support for boarding which supports the earth. We have written to him about this and he has written back to say he will rectify it. (we have to write as no-one is living in the house at present)
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Postby despair » Fri Apr 01, 2005 11:28 am

If your neighbour raises his soil levels its entirely up to him to retain it in a correct manner and this is most definitely not using boards against your fence

Since the soil will very fast rot your fence he will be legally liable for the costs of replacing same .......that fact might elicit some action from him

Technically your fence can only be 6ft 6 in or 2 metres above your own soil level

You best bet would be to force your neighbour to retain his soil with a proper wall along the boundary and that he installs 2 m high fencing on top so you get the screen you need
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Postby Nancyr » Fri Apr 01, 2005 11:40 am

Thanks very much for your reply. I agree that the best solution would be for him to build a retaining wall, but am unclear as to how I make him do this.
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Postby despair » Fri Apr 01, 2005 11:52 am

Threatening to sue him for the damage to your fences and garden would be my first step

Issue a claim in the Small claims court if he fails to take your threat seriously

that will focus his mind

TAKE loads of photos and get witnesses to see whats happening too

You could even totally remove your fence panels ......that will focus his mind PDQ
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Raised level

Postby nigelrb » Sat Apr 02, 2005 2:07 am

With respect to despair, I do not think the most productive manner of resolving this is 'threatening to sue' as the first step. The neighbour has already written to Nancyr stating that 'he will rectify it.'

It would be prudent to await arrangement with the neighbour to determine 'when & how' the problem will be rectified. Only if no resolution is offered should legal recourse be suggested.

Regards, Nigel
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Postby despair » Sat Apr 02, 2005 9:43 am

If you read the entire thread you will realise i certainly did not recomend the threat of suing as a first step

Thats is only if the neighbour fails to rectify the situation

The poster had asked what could they do to force the neighbour to retain his soil within his own boundaries and not use their fence for support
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Postby nigelrb » Sat Apr 02, 2005 2:18 pm

The objective of this forum (in the main) is to assist those requesting answers to poster's queries. This I did in this posting after considering the full thread. There are understandably times where there will be disagreeance between posters; in this case I offered my response acknowledging respect to 'despair'. I consider it improper that a reply was posted direct to me castigating my response, rather than pursuing the subject of assisting Nancyr; I did read the full thread and I did refer to a quote by 'despair': [Threatening to sue him for the damage to your fences and garden would be my first step].

Any response should be for the benefit of the questioning poster; not to denigrate the opinion of a member voluntarily attempting to assist a fellow member. I iterate: Nancyr had stated the neighbour's intention of rectifying the problem; any mention of legal redress during this initial consultation period could be fatal. It is in Nancyr's interest to tread carefully on this.
Kind regards, Nigel[/quote]
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Postby despair » Sat Apr 02, 2005 3:29 pm

Ok Nigel point taken

Lets hope the neighbour does the decent thing in this case
No doubt Nancy will post back on events

IMHE however neighbours who start out by raising soil levels and using your fence as support very very seldom are prepared to put things right
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Postby Beech » Sat Apr 02, 2005 10:02 pm

I think it may be necessary to have at least building regulations approval to raise the level of a garden significantly so that it is done safely. It might be a good idea to talk to your planning department and even see if the planning officer would come out and give you an idea of what best to say to your neighbour. They are usually very friendly people.
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Postby Nancyr » Mon Apr 04, 2005 8:39 am

Thanks for all the responses on this, I'll let you know how things turn out.
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