Fence used to retain hardcore, soil and concrete patio !

Re: Fence used to retain hardcore, soil and concrete patio !

Postby arsie » Sat Mar 28, 2015 7:44 pm

Sadly, reading this I would do as others suggest - take down your fencing. Tell them it is old and you might be replacing when all their works are finished, but for now you will remove it for ease of access to complete the work of supporting their patio. Tell them that you have been advised a nine inch retaining wall would be best. They must support the works properly or face being responsible for future problems such as collapse, damage, injury etc. As may have been said, you could end up with a dispute that could affect your chances of an easy house sale in future.

I would follow this up with a letter summarising your position. Get this checked by a solicitor first.

Without being rude and being at all times polite, I would deal only with the neighbour as it is him authorising the work. It is possible the builder is working for cash on a moonlight 'no VAT' low quote which needs him to minimise his costs. He is hoping you will agree to roll over and support the raised patio for free. This is in the neighbour's interests too, of course.
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Re: Fence used to retain hardcore, soil and concrete patio !

Postby Pop Robson » Fri Apr 03, 2015 8:29 am

arsie wrote:Sadly, reading this I would do as others suggest - take down your fencing. Tell them it is old and you might be replacing when all their works are finished, but for now you will remove it for ease of access to complete the work of supporting their patio. Tell them that you have been advised a nine inch retaining wall would be best. They must support the works properly or face being responsible for future problems such as collapse, damage, injury etc. As may have been said, you could end up with a dispute that could affect your chances of an easy house sale in future.

I would follow this up with a letter summarising your position. Get this checked by a solicitor first.

Without being rude and being at all times polite, I would deal only with the neighbour as it is him authorising the work. It is possible the builder is working for cash on a moonlight 'no VAT' low quote which needs him to minimise his costs. He is hoping you will agree to roll over and support the raised patio for free. This is in the neighbour's interests too, of course.


Alas I've basically done all of what you have suggested via email, the neighbour has made the offer of replacing part of fence and then finished off their email with the following

"It is obviously up to you whether you choose to accept my proposals or to take the matter further. I am happy either way."

Now I have 2 options, take the rest of the fence down and as the soil and hardcore falls onto my property throw it back over or go down the legal route.
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Re: Fence used to retain hardcore, soil and concrete patio !

Postby MacadamB53 » Fri Apr 03, 2015 8:37 am

Hi Pop,

Now I have 2 options, take the rest of the fence down and as the soil and hardcore falls onto my property throw it back over or go down the legal route.

you need to rethink what your options are because option 1 is unlawful - you'd need to ask him if he wants it back (daft I know).

Kind regards, Mac
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Re: Fence used to retain hardcore, soil and concrete patio !

Postby arsie » Fri Apr 03, 2015 10:35 am

Wading through emails is not the courts favourite way of learning what has happened. A letter (send it recorded signed for) would be an excellent 'stake in the ground' for when or if this land and building works start subsiding onto your land, Pop. Emails can be messy and hard to follow - and get lost ...

I would take the fence down AND send the chap a formal letter stating the your position.

p.s. I agree with Mac: chucking soil onto his land, you would be in the wrong. Sorry to say, but your trusting approach so far has encouraged the blighter to push you around. You are being taken advantage of but that doesn't mean you should start taking the law into your own hands.

Should it come to the worst and his works start subsiding, it will be 'easier' if you have sent a letter summarising the situation. The point is, he must support his own works, not you.

Have you checked your house insurance etc to see if legal expenses are covered?
arsie
 
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Re: Fence used to retain hardcore, soil and concrete patio !

Postby Pop Robson » Sun Jul 26, 2015 12:35 pm

Thanks for the replies, not been back on as we put the house up for sale and sold it !.

We did go via the household insurance but they thought we'd probably not win and wouldn't take it further.

Just had enough of a terrace with a buy to let one side (leaking guttering, dog crap over the garden with 4ft high grass!) and a new neighbour that didn't want to fall out with us but let the builder do want he wanted and charge her a lot of money. Plus her guttering leaked for 9 months until I fixed it !

So hopefully moving to detached but that's slowly looks like going pear shaped :(
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