My garden wall has been damaged by back filling against from property above

Post Reply
lord nelson
Posts: 1
Joined: Tue Feb 09, 2021 2:12 pm
Number of Posts per Page: 1
Number of topics per page: 1

My garden wall has been damaged by back filling against from property above

Post by lord nelson »

I live in a property where my back garden is on a hill. A previous owner built a wall inside my original boundary marker, this is still present. Since then the property behind me, over time has back filled to this wall. With rain and gravity over the years my wall has two large breaks and is listing quite a lot. I have mentioned this to these neighbours when I purchased property some years ago and they then agreed there was an issue that needed to be addressed. Since then communication has broken down and they are refusing to do anything about it. The damage is increasing with time and is a safety concern! With this issue I am unable to develop the garden to my liking! My wall is now effectively holding up their garden! Ideally they should build their own retaining wall inside the boundary of their property as the rest of the owners have done. Can you please advise me how I can get them to remedy damage caused to my wall and for actually building unsightly block retainers to secure their fence on my property? Can I remove what they have built on my property? Would my buildings insurance be able to help?
Thanking you in advance for any advice you can offer
Collaborate
Posts: 2428
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: My garden wall has been damaged by back filling against from property above

Post by Collaborate »

lord nelson wrote: Tue Feb 09, 2021 3:05 pm I live in a property where my back garden is on a hill. A previous owner built a wall inside my original boundary marker, this is still present. Since then the property behind me, over time has back filled to this wall. With rain and gravity over the years my wall has two large breaks and is listing quite a lot. I have mentioned this to these neighbours when I purchased property some years ago and they then agreed there was an issue that needed to be addressed. Since then communication has broken down and they are refusing to do anything about it. The damage is increasing with time and is a safety concern! With this issue I am unable to develop the garden to my liking! My wall is now effectively holding up their garden! Ideally they should build their own retaining wall inside the boundary of their property as the rest of the owners have done. Can you please advise me how I can get them to remedy damage caused to my wall and for actually building unsightly block retainers to secure their fence on my property? Can I remove what they have built on my property? Would my buildings insurance be able to help?
Thanking you in advance for any advice you can offer
This is what the courts are for. Check your home insurance for legal cover and use that if you have it. The court can order relief from trespass (for that is what it is) and damages to enable you to repair your wall.
despair
Posts: 16946
Joined: Mon Mar 14, 2005 7:07 am

Re: My garden wall has been damaged by back filling against from property above

Post by despair »

Check and recheck all mortgages, insurances, credit cards, union memberships for Legal Expenses Cover
ukmicky
Posts: 5319
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

Re: My garden wall has been damaged by back filling against from property above

Post by ukmicky »

lord nelson wrote: Tue Feb 09, 2021 3:05 pm I live in a property where my back garden is on a hill. A previous owner built a wall inside my original boundary marker, this is still present. Since then the property behind me, over time has back filled to this wall. With rain and gravity over the years my wall has two large breaks and is listing quite a lot. I have mentioned this to these neighbours when I purchased property some years ago and they then agreed there was an issue that needed to be addressed. Since then communication has broken down and they are refusing to do anything about it. The damage is increasing with time and is a safety concern! With this issue I am unable to develop the garden to my liking! My wall is now effectively holding up their garden! Ideally they should build their own retaining wall inside the boundary of their property as the rest of the owners have done. Can you please advise me how I can get them to remedy damage caused to my wall and for actually building unsightly block retainers to secure their fence on my property? Can I remove what they have built on my property? Would my buildings insurance be able to help?
Thanking you in advance for any advice you can offer

How much of a height difference are we takin* about.

What held their land back prior to the current wall being built.

Do you know for sure there wasn’t a wall holding back their land that was demolished so the current wall could be built.

Is it possible you are making some assumptions.
Any information provided is not legal advice and you are advised to gain a professional opinion
Post Reply