Developers have piled infill up against the fence.

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Paddy21
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Developers have piled infill up against the fence.

Post by Paddy21 » Tue Jan 07, 2020 8:43 pm

I’ll try and keep it brief if I can. There was some land at the back of our property that had been left empty for many years after the owners stopped using it. After a few false starts it was eventually sold to a developer that turned it into a private estate with retirement lodges( posh caravans) on it. This means the developer has retained ownership of the land I believe. This was the only real option as the land had been a brick quarry in its early years and was later used for landfill so no digging foundations was permitted.

Part of the requirements from the environment agency was that the land level needed to be raised. They ended up raising the level far more than was required, around 1m extra I believe. The net effect of this is that the 8ft fence I have on my side is only 2/3ft on the other side. It is a fairly sturdy concrete fence but it was never designed to be a load bearing structure so has started to lean inwards by 140mm so far.

As far as I can tell from the deeds all the fences that surround all the properties in the street that back onto this land are party fences.

It’s very early days of me looking into what can be done so I’m really looking for some advice and the information I need to gather and avenues I need to explore.

Thanks in advance for any help.

IdefixUK
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Re: Developers have piled infill up against the fence.

Post by IdefixUK » Tue Jan 07, 2020 9:17 pm

Hello Paddy21,

From what you say the concrete fence is now holding back some 5-6 ft of infill and soil... I'm not surprised that the fence has moved. So far as I'm aware, in general terms, the party who alters the level of the land is the party responsible for any damage or nuisance that it causes. If that is correct then the owner of the higher land ( in this case) has to ensure that it is retained. I think you should let the owner know about this as soon as you can because it is possible that the responsibility begins when that person was made aware of the problem, or should have known about the problem. Post any letters you personally send by recorded delivery.
Do you have any photos of the land levels before the infill? (or perhaps your neighbours have some) Do you have legal expenses insurance?
This is a problem which is not likely to go away on its own.

Regards

MacadamB53
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Re: Developers have piled infill up against the fence.

Post by MacadamB53 » Wed Jan 08, 2020 9:14 am

Hi Paddy21,

As far as I can tell from the deeds all the fences that surround all the properties in the street that back onto this land are party fences.

please elaborate...

is it a concrete fence for all the properties that back onto the land?

kind regards, Mac

Paddy21
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Re: Developers have piled infill up against the fence.

Post by Paddy21 » Wed Jan 08, 2020 7:08 pm

MacadamB53 wrote:
Wed Jan 08, 2020 9:14 am
Hi Paddy21,

As far as I can tell from the deeds all the fences that surround all the properties in the street that back onto this land are party fences.

please elaborate...

is it a concrete fence for all the properties that back onto the land?

kind regards, Mac
Hi Mac

Thanks for your reply.

There are 20 houses in the street which runs east west, and all but 6 back onto the land that the new development sits on. At the bottom of our gardens running east west is a concrete fence that separates our gardens from the development.

All the fences between the houses are party fences but that is not relevant to the problem with the development.

Hope that is a little clearer.

MacadamB53
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Re: Developers have piled infill up against the fence.

Post by MacadamB53 » Wed Jan 08, 2020 7:39 pm

Hi Paddy21,

sounds to me like the fence at the rear of your garden may well belong to other side.

you mention it is now leaning in by 140mm.

I’m guessing that you didn’t take any measurements before the change, which begs the question - how do you know with any certainty that it wasn’t already leaning?

kind regards, Mac

Paddy21
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Re: Developers have piled infill up against the fence.

Post by Paddy21 » Wed Jan 08, 2020 8:28 pm

MacadamB53 wrote:
Wed Jan 08, 2020 7:39 pm
Hi Paddy21,

sounds to me like the fence at the rear of your garden may well belong to other side.

you mention it is now leaning in by 140mm.

I’m guessing that you didn’t take any measurements before the change, which begs the question - how do you know with any certainty that it wasn’t already leaning?

kind regards, Mac

You maybe correct that the fence belongs to them. If it does what implications does that have? They have still loaded a non load bearing structure that is now moving.

The fence is quite old and did lean in a little in places along its length before the developer raised their side. As I suspected it was getting worse I’ve been monitoring it and it’s moved 9mm in the last 3 months

Collaborate
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Re: Developers have piled infill up against the fence.

Post by Collaborate » Thu Jan 09, 2020 7:48 am

MacadamB53 wrote:
Wed Jan 08, 2020 7:39 pm
Hi Paddy21,

sounds to me like the fence at the rear of your garden may well belong to other side.

Why does it sound like that to you Mac? I can't see anything the OP has posted that tells us one way or the other, particularly if the transfer deed is silent.

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