Garden subsiding into Neighbours due neighbour's building work

runningboy

Hi,
many time lurker but now asking for advice.

Our neighbour is building an extension into the side of the hill, we are uphill from them. They have only dug the foundations and have caused our garden and wall to subside. The neighbour is understandbly worried and have assured us that they will make it safe and make it good again. But it will mean half our garden will be fenced off for at least 2 months while remedial works go on.

I am currently fairly relaxed about it just now, I think, but just waiting for it to stablise and the last (majority of it) to fall. Any advice on what should I be doing? Should I make my insurer aware, I am not really want to claim and my neighbour has said he will make good. But should I encase he doesn't?

Thanks

muckybutt

Take photos .... lots and lots of photos !

I'd give them the opportunity to make good and make sure your land has been restored back to the original condition, I wouldn't involve any insurers yet.

runningboy

Thanks Muckybutt. The builders from next door have been in with the diggers to re-mediate the slippage.

We now have 4m less garden down one side looking on to a 10m drop. We won't have this back for another 2 months and starting to think about ensuring the boundaries are reinstate correctly...

And it is going to rain for the next 24 hours

tired_dad

It is what it is. If it takes 2 months to sort then that is how long it will take.

Your neighbour will be paying the bill.

No point being difficult as it might appear that you were being obstructive to the timely repair of the damage.

I would just check that the planned remedial work is done correctly.

lots of photos with date stamps would be very useful.

teneighty

Having just read that the excavations have left 10 metres of unsupported ground I just had to comment.

That is incredibly dangerous and would only have been done by a bunch of cowboys. So on that basis I would not trust a word they say.

I would suggest that you seek professional advice to check that the retaining wall that they are proposing to build will be strong enough to support the ground. Anything of that height will have to be a massive reinforced concrete structure probably costing tens of thousands of pounds and would have to be designed by a structural engineer.

I am rather surprised that you are so relaxed about it. I have seen similar projects where the neighbours have been very placid and the builders just saw that as a licence to do whatever the hell they liked. Like causing landslips rather than paying to shore the excavations properly and trespassing on their garden for 2 months. Being a good neighbour is a two way street and from here it looks like your neighbour and their builder is taking the p.

martinsurrey

teneighty wrote: »

Having just read that the excavations have left 10 metres of unsupported ground I just had to comment.

That is incredibly dangerous and would only have been done by a bunch of cowboys. So on that basis I would not trust a word they say.

I would suggest that you seek professional advice to check that the retaining wall that they are proposing to build will be strong enough to support the ground. Anything of that height will have to be a massive reinforced concrete structure probably costing tens of thousands of pounds and would have to be designed by a structural engineer.

I am rather surprised that you are so relaxed about it. I have seen similar projects where the neighbours have been very placid and the builders just saw that as a licence to do whatever the hell they liked. Like causing landslips rather than paying to shore the excavations properly and trespassing on their garden for 2 months. Being a good neighbour is a two way street and from here it looks like your neighbour and their builder is taking the p.

From the limited information the OP has given, I think you are more than just jumping the gun on this one.

The neighbours will no doubt want the retaining wall to be correct, as its part of thier house extension! They have a lot more to lose than the OP at this point.

Also the description of how they have left it is vague, I can imagine that the 4m they have taken out of the OP's garden slopes down the 10m to the founds of the extension (so its not a 10m straight drop), and they will backfill once finished building.

But the OP should be a bit more assertive, they have infact rented your garden for free for a few months. They have no right to do that without an agreement from you (and potentially having to pay for it)

They are doing it this way rather than sheet piling as its MUCH cheaper, they should be compensating you for the inconvenience.

zaax

Calling building control - sounds like a lot of cowboys. Someone in London lot their house because of cowboys.

Did you get party wall act surveyor?

https://www.gov.uk/party-walls-building-works/if-you-cant-agree

paddy's_mum

In your shoes, I'd be informing both my insurers and the bank with whom I had my mortgage.

The last thing you need is to find, a month or two down the line, that the insurers won't pay out because you didn't bother to inform them of a highly relevant fact and the mortgagors foreclosing on you because you have put the bricks, mortar and land which supports the security of the money they lent you at risk.

jackyann

I'm afraid that I agree that you should be worried. I'm not clear on how far away from this your own house is, but given the size of most properties, I would be concerned.

You seem to get on well with your neighbour, I would talk to them (maybe follow up with a copy of notes so you are both clear on what has been said) and I would say:
1. given the size of the issue, you feel you have to inform your insurers ( and mortgage providers). It is possible that their response will dictate what follows.

2. can you both agree on a specialist surveyor to check the work ( a common way to do this is one of you provides a short list of 3 and the other picks one)

I think that most reasonable people would be upset by this whole business, but understand your point of view.

Also - maybe someone else can help - would the local building inspector be able to provide an initial opinion?

PS: I think your generous attitude speaks well of you, and I can understand you helping your neighbour by not fussing about the temporary loss of your garden, but I do think you have to look at longer term issues.

I_have_spoken

I'd be going to court to get an injunction to stop further work, neighbour is in breach of duty of care to point of being reckless. You need a surveyor to act on your behalf, with costs recouped from neighbour who can claim from builder's public liability insurance, to devise a satisfactory re-instatement plan.