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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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.
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 »

After four months waiting for the Council, they have said he hasn't breached any planning permission. I don't think they cared really.

Next stop is a solicitor. I checked with my insurance but we can't really be sure when he done the work and we changed insurance companies, so they said it may not be covered by them.

They did say what everyone else has said though, he shouldn't have done it. But he's now refusing to do anything about it.
despair
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Re: Right to support query - neighbour has dug out his garden

Post by despair »

If you had kegal insurance cover on your previous policy thats who you go to ...they still have to cover you
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 that, I had no idea. I'll call them tomorrow
despair
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Re: Right to support query - neighbour has dug out his garden

Post by despair »

Its info that many people are unaware of
Last edited by despair on Wed Apr 28, 2021 7:53 pm, edited 1 time in total.
despair
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Re: Right to support query - neighbour has dug out his garden

Post by despair »

Its info that many people are unaware of
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