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  • sapphirelily10's Fence

    Hi!... more fences....! Neighbour's back garden approx 2 feet lower than mine. Previous occupant of my house built an unattractive (admittedly) retaining feature approximately 1 and a half feet high, held in place by some metal tubing stuck in to the ground. This seems to have been in place for many years and does the job of preventing my garden falling down into nfh's. She now wants to pull it down to put something prettier in it's place.



    However, she has just erected a new fence at the front (for which I have paid half), and has left part of my garden falling down as well as destroying a shrub I rather liked. I therefore have little confidence in her ability to tackle the structural aspect of her next plan Can I stop her pulling down the retaining feature? I do feel she could just put something up in front of it to hide it instead.



    Would it make a difference whether this boundry is my responsibility or hers?



    Cheers!





    Sapph

  • #2
    Hi sapphire and welcome to the Forum



    I don't know that much about the legal aspect of gardens and/or fencing, but other members have experienced problems similar to yours and hopefully they will be along shortly to give you some advice.



    Would it make a difference whether this boundary is my responsibility or hers?[/b]


    I think knowing where the boundary line is will make a big difference in what can happen in this situation, are your deeds clear on where the boundary is?



    You've tried to be reasonable with your neighbour by agreeing to pay half towards the new fencing at the front, but obviously your neighbour has not taken sufficient care of your garden and there's been damages as a result.



    Like you, I wouldn't be too keen on letting her loose on the garden at the back. Who knows what could happen if she loosened the retaining tubes/ feature.



    Is there any chance you could speak to her about putting something at the back which would hide the retaining feature (like you said)? Or if you have tried this already, what was her response?



    If she tried to remove the retaining feature and your garden collapsed into hers would that be criminal damage? I think it may be, but other members should be able to clarify it.



    Welcome again to the Forum and I hope you get lots of useful advice .



    It's nice to have you with us, I know that you will be able to share your expertise on a huge range of issues with other Forum members.

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    • #3
      I would have thought that the boundary would be yours simply because of the potentially damaging aspect of your back garden if it decided to slide away. The liability to prevent this happening should lie with you. I am also thinking that if your garden does start to collapse into hers, confusion could arise as to the exact position of the boundary. Your land could become hers. To that end I would take some photographs of your property and the boundary now just in case it does go.



      I have seen a few of these terraced gardens built on hills and imagine the retaining structure was nothing more than either breeze blocks or paving slabs wedged up by scaffolding tube.



      I would again approach your neighbour and explain the situation and, potentially, the problems of not having a suitable retaining structure and offering advice on how to hide the problem. If it is your boundary as I suspect it is, you must make it clear that no work should be done in that area by her without consulting you about it first for safety sake. If you give the impression you're happy to work with her rather than against her on this, hopefully she'll compromise with you. However, as she has managed to cause a landslide already, I would make it very clear that any work must be undertaken properly.



      If all else fails railway sleepers make excellent earth barriers and can be picked up pretty cheap.

      Comment


      • #4
        sapphielily10



        The advise you have been given is correct.The retaining wall has been put in place at sometime to prevent your garden sliding away.The fact that the previous owner of your property put it there would imply that the wall lies within your properties boundaries.If this is the case you are the owner of the wall and as such you can stop your neighbour from touching it.



        I would advise that you find out exactly where the boundary line lies, though your deeds or by consulting a solicator.



        Your neighbour doesn't appear to be going out of her way to upset you although I can understand your reservations about her ability to rebuild a retaining wall.Any chance she might come round to the idea of letting somebody a bit more capable doing the job ?



        Hope all goes well Kevin

        Comment


        • #5
          [COLOR=blue]



          Cheers, Jeannie and kevin for comments. Jeannie, you are spot on...structure is paving slabs and some sort of tubing!! Ugly, but effective! I will check out boundry issue by getting sight of my deeds. Trust to do a good job is the main issue here, and I think I must talk to her about it. I don't think there is anything malicious going on here, but nfh has a blinding opinion of her knowledge of structural issues-clearly unfounded-and that concerns me more than slightly!



          I do need to do a little more research, and will come back for further advice. Thanks again And hi Holly!!!!



          Sapph

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