Attached is the view onto my block paved area of drive - my house is to the right. I am not sure what might happen yet and I am pre-empting what may happen just in case.
My neighbour in the property to the left has said about increasing the width of his drive - possibly taking out the border (The border is wholly his) including the trees and bushes. That is his right and I have no problem with that as I can do something on my property to compensate for this loss of greenery. However, what is not immediately obvious from the image is that the end near his garage is about 300mm lower on his side just where the paving curves around the back of the bush. There are paving slabs on end that retain my drive just here. If he removes the border and soil to the same level as the far end of the border is he obliged to install some form of retaining wall?
If this happens I will obviously ask what he intends to do, but I feel I need to be armed with something just in case. If a wall is not installed and my drive starts to collapse would he leave himself open to remedial work to my property?
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If he removes the border and soil to the same level as the far end of the border is he obliged to install some form of retaining wall?
yes - this is because of something called a “right to support”.
the land of adjoining properties benefit from a “right to support” one each other - your land has the right to support from his land and vice versa.
if support is withdrawn, resulting subsidence, damages may be sought.
(an aside: this right is natural for land - but it must be granted/acquired for man-made structures.)
kind regards, Mac
Thanks for the information. Nothing has happened yet but it is useful just in case he does remove the support!
I seem to be surrounded by numpties that seem to think they can do whatever they like without thought for anyone else. Previous neighbours have been brilliant
Just following on from your post …
If the support is removed (in this case the soil) can I ask for support to be provided by other means such as a retaining wall before any subsidence occurs? I wouldn't want to have to go down a legal route if this could be avoided at the start. Of course, when any work starts I will talk to the neighbour as it is in his interest to address the situation before he competes his work.
A second query (not sure if this is the correct area to ask?) … where would I stand if the soil is removed and the flaunching to the block paving is damaged / removed? Can I request this is corrected / repaired? I guess it could come under the right to support?