Borders falling into next door

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Mr X
Posts: 1
Joined: Sat Jul 09, 2005 8:06 pm

Borders falling into next door

Post by Mr X » Sat Jul 09, 2005 8:28 pm

Hello all

My garden is on a slight slope meaning my neighbours property is a bit lower than mine.

A few years ago I erected a 6ft garden fence along the boundary in agreement with my previous neighbour.
Although our gardens are on a slope the boundary was level for about 3 ft on both sides of the boundary therefore 6ft on myside was 6ft on their side when stood at the fence.
However after the 3ft border on their side it sloped down to 1 foot lower over about 2 foot.

My problem is this. My new neighbour has now decided to level his garden right up to the fence. This means that below the gravel board there is nothing now to hold the soil in place on my side and already I have noticed that earth is falling into his side as a gap is appearing beneath the gravel board.

In time the rain will wash the soil away and seeing as I want to replant some of that particular border I know as soon as I start work I am going to lose most of the soil into next door. Also when the fences were put up I sank the posts 2 ft. Now they are at most 1 foot deep on my neighbours side so I am also worried about the strength of the fence.

My question is, does he have any legal obligation to provide some sort of retaining wall seeing as he removed the retaining soil or is it my responsiblity seeing as a) I put up the fence and b) I am the one that has the problem with it.

Any advice would be welcome. So far I have not mentioned it as I hoped they would build some sort of retaining structure but as yet it has not happened so I am starting to worry.


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