Garden raised with no Retaining Wall

Re: Garden raised with no Retaining Wall

Postby arborlad » Thu Sep 22, 2016 9:03 am

Eliza wrote:Oh good.

Can we know who the others are then? It could be useful to know.




Start your own thread - unfair to the OP to take this off-topic!
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Re: Garden raised with no Retaining Wall

Postby CRACKERS » Fri Sep 23, 2016 6:51 pm

I am guessing Eliza works for Pilman and Conveyancer.....
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Re: Garden raised with no Retaining Wall

Postby ukmicky » Sat Sep 24, 2016 1:50 am

I've read a variety of things over time about just who is responsible for (ie has to pay for) dealing with a retaining wall - some saying upper house, some saying lower house and others saying 50/50.

However - what is quite clear is that the upper house has a legal right of support for their land. What that means in practice you'd better ask a legal bod. We do have Pilman and Conveyancer on this Forum that could maybe expand on that.


This has nothing to do with natural support. This would be support acquired through something that would normally be considered a nuisance ,because they have raised their land level and used the neighbours property without the right to use the neighbours land as support. .


i thought the only solicitor/conveyancer people we have on here are Pilman and Conveyancer?




I believe only people actually qualified to answer this one are garden law the site owner and Allan Harris ,if he still come on. Conveyancer is a qualified conveyancer but that's not the law degree required here.


Having said that though its possible for someone to still have the required knowledge to answer a question without a degree in law and Arborlad is most likely correct.



In this situation we are talking about the possibility that the neighbour could have gained a right of support through prescription. Prescription requires 20 years of use and the use must be open to the degree that that the servient owner would be aware if he were to make occasional surveys of his land. If the use is hidden from view because its behind a wall that would require trespass into a neighbours property to view it , it cant be said that the servient owner has acquiesced to the use ,so no easement for support can be acquired .


Even if somehow the neighbour could prove the dominant owner knew the wall was being use as support ,that only covers using the wall for support and then only if they can prove 20 years of use .An easement of support doesn't however allow the dominant tenement to pass water through the wall and cause damp.

Its possible to gain an easement allowing someone to cause a nuisance which would normally be actionable in a court of law but the prescription period would only start when the damp is first noticed. If the damp has only been seen over the last few years we are a long way off from any rights being gained and they can make the neighbour take actions which would stop moisture passing through the wall . Several possible ways to deal with it and all at some stage would require the earth to be removed from the wall
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Garden raised with no Retaining Wall

Postby arborlad » Sat Sep 24, 2016 9:25 am

CRACKERS wrote: Where there wasn't a wall available they just stuck some corrugated iron up against the iron rail that sits at the original garden level/boundary and backfilled up against that, the rail is now leaning our way as is one of the decorative block walls and the corrugated iron is very corroded as you would expect, next doors garden extends beyond our garden in to the garden behind us, and the iron railings and corrugated iron method has been used there as well to retain the garden, where it has completely collapsed and is being held up by trees and shrubs..



That is a strong indication that the wall and railings belong to the neighbour and not yourself.
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Re: Garden raised with no Retaining Wall

Postby Eliza » Sat Sep 24, 2016 11:38 am

CRACKERS wrote:I am guessing Eliza works for Pilman and Conveyancer.....


Wrong guess. I've never met them - but have obtained a lot of useful information reading back through their posts :)

Thanks for an objective post UKmicky - you got what I was trying to say.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Garden raised with no Retaining Wall

Postby CRACKERS » Sun Sep 25, 2016 7:45 am

Thank you everyone for your contributions, they are most helpful.
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Re: Garden raised with no Retaining Wall

Postby CRACKERS » Thu Mar 09, 2017 3:13 pm

So I am back! Well unsurprisingly things are not going well! My neighbour came round a few weeks ago with a document from there other neighbour which says we are responsible for the boundary, but our deeds and my neighbours deeds do not say this, and to be honest it is of no importance to me... I said to him that may well be the case but is not really of any relevance as the height on there side has been altered after the properties were built, and a wall should have been built within the boundary of there property at that time to retain the raised garden, that it was not OK that a wall was not built and that our property has been encroached upon and used to retain theres.... and that they need to build a wall. He left saying he would have to find out more, and that it could get messy.... Well we are having a talk with them sometime this weekend to see what they have found out, and obviously we will go from there as to whether or not solicitors etc need to get involved.. I think they just want to stick up a new fence and leave it all as is....
I have 2 questions
1) If they did erect a fence without rectifying the issues, as we cannot stop them erecting a fence on there property, what is the maximum height fence they could erect, I have read that it is 2metres from the unaltered ground level. In this instance it would be 2 metres from our ground height as ours is the original ground level. Is this the case? If they wanted higher would they have to get Planning Pemission?
2) If the boundary fence is indeed ours does that mean we can remove the iron rail that marks the boundary? This would most likely leave the corrugated iron they have on the other side unsupported... But the rail is leaning in and is quite frankly dangerous as it has ruddy great spikes on it.
Any additional advice gratefully received.
Thank you
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