Garden raised with no Retaining Wall

Re: Garden raised with no Retaining Wall

Postby jonahinoz » Tue Sep 20, 2016 7:17 pm

Hi,

A picture of a 20 ton grab-lorry.

Image[/URL]

602
jonahinoz
 
Posts: 1346
Joined: Fri Aug 05, 2011 5:15 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Garden raised with no Retaining Wall

Postby CRACKERS » Tue Sep 20, 2016 7:41 pm

jonahinoz Wrote
Jerry should have taken the bottom of his foundations to below the bottom of the foundations of any building within 3 metres. Google Party Wall Act.

Did YOU employ a surveyor when you bought your house, or did you give the surveyor's fee to your lender, so that they could carry out their survey ... which means the surveyor is not responsible to you.
Same question to your neighbour.

How long ago was the ground backfilled? I think you want it to be less than four years ... and that the PO of your neighbour's house did not declare the development during the sale to you.



I am certain the foundations go nowhere near the bottom of our foundations...
We employed our own surveryor,not sure about the neighbours.
It was backfilled a long time ago, not sure how long though... Could be 10, 20, 30 years how long does it take for a sheet of corrugated fencing to corrode? Previous owner of next doors house didn't give a toss about the place and was renting it to out by the room, nothing was mentioned about extension at time of sale to new owners, but I don't suppose they new... Its not really the old owners business is it?? Anyway the back fill occured some time ago.. Planning permission was granted for the leanto in 1978, so it happened after that.

arborlad wrote
Please stop with your nonsense - there is absolutely and positively no right of support on the OPs lean-to wall

Thankyou Arborlad, I was a little confused by Elizas comment surely we are not responsible for a wall to be built to hold back a garden that has been raised up from the original ground level, its like me going to the neighbour on the other side and saying we want our garden to be raised and level but you have to pay for the retaining wall for it.... and whilst I appreciate we have some kind of neighbourly responsibility to do what we can to stop damage to our neighbours property, I think legal right to use our house to support there land is pushing it a bit, it can not be right for our neighbours to raise the level of there land and use our property as a retaining wall, not to mention they have actually crossed the boundary of our land to back fill against the wall in the first place(Please note I am refering to the Previous owners who ever they were that thought it was OK to do this.)
CRACKERS
 
Posts: 12
Joined: Sun Sep 18, 2016 6:58 pm

Re: Garden raised with no Retaining Wall

Postby Eliza » Tue Sep 20, 2016 8:05 pm

http://www.boundary-problems.co.uk/boun ... ments.html

(see heading "Right of Support", paragraphs 2 and 3)

http://www.designingbuildings.co.uk/wik ... of-support

(google "right of support - designing buildings wiki" - as the article on that website doesnt come up from the link).

is what I am thinking about.

Arborlad - are you a solicitor? i thought the only solicitor/conveyancer people we have on here are Pilman and Conveyancer?
Apologies for not giving exact personal details in my posts - you never know who is reading....
Eliza
 
Posts: 301
Joined: Sun Jun 01, 2014 6:28 am

Re: Garden raised with no Retaining Wall

Postby MacadamB53 » Tue Sep 20, 2016 8:20 pm

Hi John W,

Jerry should have taken the bottom of his foundations to below the bottom of the foundations of any building within 3 metres.

que? no he shouldn't - the requirements for his build are just that and only in the event they do go below the OP's foundations does the PWA apply.

Kind regards, Mac
MacadamB53
 
Posts: 6028
Joined: Mon Dec 10, 2012 12:13 am

Re: Garden raised with no Retaining Wall

Postby MacadamB53 » Tue Sep 20, 2016 8:31 pm

Hi CRACKERS,

so a previous owner of next door levelled some of the garden next door (how much?) some time after 1978 and since that time some of next door's land (how much?) has relied upon the following for support:

your lean-to, two stretches of your garden wall and a combination of your fencing and next doors' sheet of corrugated iron.

as 'arborlad' has intimated, you need to establish whether the DPC for your lean-to has been breached - if so the land needs removing pronto, if not the issue is trivial in comparison.

you also mention an extension next door which incorporates some of your lean-to - has this been built?

Kind regards, Mac
MacadamB53
 
Posts: 6028
Joined: Mon Dec 10, 2012 12:13 am

Re: Garden raised with no Retaining Wall

Postby arborlad » Tue Sep 20, 2016 8:35 pm

CRACKERS wrote:
arborlad wrote
Please stop with your nonsense - there is absolutely and positively no right of support on the OPs lean-to wall

Thankyou Arborlad, I was a little confused by Elizas comment .......




............most are, just ignore and disregard..............
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Garden raised with no Retaining Wall

Postby arborlad » Tue Sep 20, 2016 8:49 pm

MacadamB53 wrote:Hi CRACKERS,

so a previous owner of next door levelled some of the garden next door (how much?) some time after 1978 and since that time some of next door's land (how much?) has relied upon the following for support:

your lean-to, two stretches of your garden wall and a combination of your fencing and next doors' sheet of corrugated iron.

as 'arborlad' has intimated, you need to establish whether the DPC for your lean-to has been breached - if so the land needs removing pronto, if not the issue is trivial in comparison.

you also mention an extension next door which incorporates some of your lean-to - has this been built?

Kind regards, Mac



...............before you talk of what you know, you need to know of what you talk.............
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Garden raised with no Retaining Wall

Postby CRACKERS » Tue Sep 20, 2016 8:55 pm

MacadamB53 wrote:
so a previous owner of next door levelled some of the garden next door (how much?) some time after 1978 and since that time some of next door's land (how much?) has relied upon the following for support:

your lean-to, two stretches of your garden wall and a combination of your fencing and next doors' sheet of corrugated iron.

as 'arborlad' has intimated, you need to establish whether the DPC for your lean-to has been breached - if so the land needs removing pronto, if not the issue is trivial in comparison.

you also mention an extension next door which incorporates some of your lean-to - has this been built?


Their entire plot has been raised to make it level from front to back.
No retaining structures along the entire length of their property appear to have been built actually on their property to retain their property, the methods of retaining are as you say - our garden walls, our lean to and the wought iron rail with corrugated iron panels against them.
The DPC of the leanto is definitely breached by approx 2 feet.
The extension has been built, at the closest point it is approx 1.5m from the boundary/leanto wall. My concern is the additional load the extension has created on a wall that was not built to retain this height of soil let alone a large extension, obviously damp and drainage are also of concern.
The builders were mixing concrete by the lean to and it would seem that they were cleaning out the mixer etc and just pouring it up against the lean to wall.
I think we need to have a good talk with next door and get the building regs people in to look at our property and the lack of a retaining wall issue and whether our lean to is up to the job that is currently being asked of it! Until it can be resolved.Having looked at the Party Wall Agreement, I don't think they were required to apply one in this instance...
CRACKERS
 
Posts: 12
Joined: Sun Sep 18, 2016 6:58 pm

Re: Garden raised with no Retaining Wall

Postby MacadamB53 » Wed Sep 21, 2016 9:00 am

Hi CRACKERS,

if your DPC is buried under two foot of earth you're right to be concerned.

what is not apparent, however, is how long this has been the case.

if it's been like this for some time (ie years) the law may favour the neighbour.

the fact an extension has recently been built is a complete red herring if the land was levelled years ago.

Kind regards, Mac
MacadamB53
 
Posts: 6028
Joined: Mon Dec 10, 2012 12:13 am

Re: Garden raised with no Retaining Wall

Postby CRACKERS » Wed Sep 21, 2016 9:17 am

MacadamB53 write:
if it's been like this for some time (ie years) the law may favour the neighbour.


Unfortunately I don't think there is anyway of finding out exactly when the land was raised, or who by.
But it was definitely more than 4 years ago.
CRACKERS
 
Posts: 12
Joined: Sun Sep 18, 2016 6:58 pm

Re: Garden raised with no Retaining Wall

Postby MacadamB53 » Wed Sep 21, 2016 10:30 am

CRACKERS wrote:
MacadamB53 write:
if it's been like this for some time (ie years) the law may favour the neighbour.


Unfortunately I don't think there is anyway of finding out exactly when the land was raised, or who by.
But it was definitely more than 4 years ago.
let's hope the nice neighbour does the decent thing and removes the earth...
MacadamB53
 
Posts: 6028
Joined: Mon Dec 10, 2012 12:13 am

Re: Garden raised with no Retaining Wall

Postby COGGY » Wed Sep 21, 2016 10:35 am

Hi CRACKERS

What did your Surveyor have to say in his Report concerning this? Surely it is something he should have reported to you. Also if there is any sign of damp he should definitely have reported that to you. Regards Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: Garden raised with no Retaining Wall

Postby CRACKERS » Wed Sep 21, 2016 1:16 pm

Survey mentioned nothing about lack of retaining wall, or damp in the lean to...
CRACKERS
 
Posts: 12
Joined: Sun Sep 18, 2016 6:58 pm

Re: Garden raised with no Retaining Wall

Postby arborlad » Thu Sep 22, 2016 8:33 am

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




Wasn't going to bother with this but with the possibility that new or recently joined members might read it and think it is correct - it's not!
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Garden raised with no Retaining Wall

Postby Eliza » Thu Sep 22, 2016 8:57 am

Oh good.

Can we know who the others are then? It could be useful to know.
Apologies for not giving exact personal details in my posts - you never know who is reading....
Eliza
 
Posts: 301
Joined: Sun Jun 01, 2014 6:28 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
PreviousNext

Return to Boundaries

Who is online

Users browsing this forum: Bing [Bot] and 4 guests