Right to support query - neighbour has dug out his garden

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dazza31
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Joined: Thu May 21, 2020 3:57 pm

Right to support query - neighbour has dug out his garden

Post by dazza31 »

Hello

I wonder if you can help me with a query I have. Apologies if it is a long post.

I live on a slight hill, and my neighbour has dug out his garden. This has left the side of my garden exposed, not to mention that when the dug out the garden he took a bit of ours along with it.

It appears that he done it to level out his garden, but in doing so he has exposed the footings of our fence - you can clearly see the concrete, and he dug a substantial amount of soil out.
DSC_0541resred.JPG
With the weather turning bad now, I am very worried that our garden is just going to crumble and slide into his. I had read another post where it has said that I have the right to support.

I'm just wondering if this is written in law, and what I could do as my next step.

Thank you in advance.
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Collaborate
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Re: Right to support query - neighbour has dug out his garden

Post by Collaborate »

You have a right of support.

They should have got planning permission.

I suggest you do two things:

1. Contact your LPA and check whether they have applied for PP for the ground works. If not, report them.

2. Check your house insurance for legal cover, and check it covers property disputes. This might get messy if you have to issue proceedings to force them to support your land.
ukmicky
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Re: Right to support query - neighbour has dug out his garden

Post by ukmicky »

Your land as in earth has a right of support . Your fence and the fence post footings gain a right after 20 years
Any information provided is not legal advice and you are advised to gain a professional opinion
dazza31
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Joined: Thu May 21, 2020 3:57 pm

Re: Right to support query - neighbour has dug out his garden

Post by dazza31 »

Thanks for the replies. I'll have to have a word with the neighbour now.
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