Supporting wall at boundary

Supporting wall at boundary

Postby Azimov » Wed Jan 11, 2012 4:22 pm

Any advice would be appreciated. Our previous neighbour built a raised patio up to the boundary line but totally on their side of the joint boundary fencing (basic lap larch). We had no problems or objections to the patio although we did not know it was being built until it was almost completed. Know our neighbour’s DIY skills we asked for and received assurance that a supporting wall was being built along the boundary on his side of the fencing.

New neighbours moved in and all last year they were out nailing little bits of wood and tying up fencing with rope. Fence was buckling badly and was pushing out along the length of the one metre path at the side of our house which is our only means of access to our garden. We could see that something was pushing the fence into our garden and were happy to jointly replace the fence but neighbours would not discuss this with us.

During recent storms fence had blown down and to our horror we can see that there is no supporting wall and it is the neighbours garden which is pushing the fence out which perhaps explains their refusal to discuss replacing fence last year. The patio is 2’6” to 3” high and there is no hardcore, sand etc the patio is sitting on a 2’6”and more pile of broken bricks, slabs and rubbish some of which has now fallen into our garden and the rest is exposed right on the edge of our garden and to our mind dangerous (we have taken photographs). We are reluctant to use path which means that bins etc have to be taken through our house.

Our neighbours now want to replace fencing but will not consider building a supporting wall on boundary side. The patio has two sandstone type dressed brick walls within their garden, a third which butts against their older patio and absolutely nothing but the pile of rubble on our side held out of our garden by the flimsy, B&Q type fencing. Replacing only the fencing, leaves us in the same position with this rubble potentially a hazard to our garden and we are also worried that reinstating fence at this stage could be taken to imply that we are happy with the situation which we are not. Surely it is not permissible to have raised structures on a boundary line with no support against the boundary other than flimsy, moveable fencing, is there any regulation in (Scotland) whereby we can insist that they put in supporting wall?. It has been suggested that could build supporting wall of we share cost of lifting patio, removing rubble, building the wall and relaying patio. Can we be held responsible for repairing a patio which is entirely in our neighbours’ garden and on the other side of the clear boundary fence?

Thanking anyone who can help.
Azimov
 
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