Garden Wall

Tyler119

I'll try to keep this brief.

I was getting decking installed at the bottom of my garden. Behind my garden is a house, that is on a lower elevation, probably 4 or 5 feet.

Contractor was going to screw decking to the back wall and 2 side walls. However upon closer inspection, realised it was not tied into the 2 side walls, was leaning very far over one side and felt to be honest that it would fall into the other owners garden.

We have kids, and they have grandchildren (who play in the garden). I went round to speak to them, but they were not in. In all honesty, the house looked dead like they were away on holiday (not unusual for them to be away for periods of time).

For safety reasons (I was freaking out), the decision was made to remove the wall. I checked title deeds and nothing to worry about there. I also check and found out that as I am the higher ground, it is my responsibility to ensure the wall is safe. It clearly was not and photos were taken. The wall which was 7.6 mtrs long came down in about 10 minutes. There was nothing really holding it together and it turned out that it was not even built on foundations and the pillars were just sitting on soil. We have only been in the house 12 months so this was the first real summer to get the garden sorted.

Neighbours returned and were understandably shocked at the removal of the wall. It was explained why and everything was fine. I said that we were replacing it with a high quality fencing panel system. I offered to let them see what kind, they declined and said it was fine.

Fast forward nearly two weeks...decking is finished. Contractor returned yesterday, installed posts for panels (owners out in garden, said nothing to me, or the contractor, all friendly.)

First panel in and late evening last night, round to the house (i was out), complaining that it is far too high. It sits at 2 metres, the panels are 1.8 high, but clearly sit off the ground, so not to rot.

Now claiming that they owned half the falling down wall. They never offered any money towards replacing the wall. I had a section of it repaired last year (there was a falling down block shed attached to it). Never said anything about ownership, or paying towards it.

I feel that they have let it get to the point of the first panel being in and now all hell is breaking loose. I reminded them that they have said nothing for 2 weeks, and were offered to see what we were putting in, but declined. Of course now it's, well we will have to see what the council has to say about this.

Just told my man to finish putting the panels in. I figure the very worst that can happen would be getting told to cut them down slightly, though I can't see why.

Crazy thing is, if it was lower, when we are on our decking, we would be looking into there garden. I pointed that we all have a right to privacy, and they were like, what about our privacy...I still don't understand that. We paid considerably more money for nice contemporary panels, that are double sided, so that they were not getting the back end of a panel. The only view being obstructed is of our house and her garden still gets sun, loads of sun. She pointed out a bit that isn't, I was like, that corner bit wouldn't have when the wall was there.

Has anyone had experience of this? I just don't know why they have waited weeks before complaining and making a big issue out of it. They got pretty frustrated and were like, maybe you are right, and then stormed inside. I hate arguing with people and I to ask if I could speak, because I was getting interrupted left right and all other directions.

rach_k

I'd go round and be apologetic that they don't like the fence, then tell them the one you already bought can be returned or put on Gumtree and you can choose something else together. Perhaps take a catalogue (make sure it has prices) to flick through. Talk about how high it should be to ensure their privacy from your higher garden where you can see right over into theirs.

Then ask when they will be able to pay for their share of removing the dangerous wall and for the replacement. Of course, if it's more convenient (i.e. they don't want to fork out) for them you could just leave the fence you already have... and you've already paid for it so they wouldn't need to pay anything. My guess is that when faced with paying out, they'd be more inclined to like the (free) fence you have chosen!

beaker141

And while you're there ask them what the council advised :-)

https://www.planningni.gov.uk/index/.../advice_home_fences.htm

Tyler119

rach_k wrote: »

I'd go round and be apologetic that they don't like the fence, then tell them the one you already bought can be returned or put on Gumtree and you can choose something else together. Perhaps take a catalogue (make sure it has prices) to flick through. Talk about how high it should be to ensure their privacy from your higher garden where you can see right over into theirs.

Then ask when they will be able to pay for their share of removing the dangerous wall and for the replacement. Of course, if it's more convenient (i.e. they don't want to fork out) for them you could just leave the fence you already have... and you've already paid for it so they wouldn't need to pay anything. My guess is that when faced with paying out, they'd be more inclined to like the (free) fence you have chosen!

Thanks for the advice, I did mention money during the barney, however I cannot see payment for anything forthcoming.

They did go on and on about the party wall act, which I had to advise is for boundary walls that separate buildings, not gardens.

As I said, frustrating that they have waited weeks, declined to see what panels we were getting, thus opening it for them to enter into some sort of discussion.

I also mentioned that she frequently have there grand children playing in the garden and that I could not allow for the possibility of a wall to collapse and endangering anyone. I was told that a bit of cement could have been put on the wall....no foundations and was falling down...yeah not sure a bit of cement from b and q would have cut it.

Thanks again. I've read up a bunch of legal stuff and feel I have kept to everything I need to. The council will only come out, measure the fence, see it doesn't breach anything and ask what the issue is. I don't see why she wants it like 3 feet lower...her garden would have no privacy from us and now when sitting in the garden she will have lovely view of the sky...without having to look into our house.

I must stop here, thank you again good person.

stator

They might have a point about demolishing a boundary wall, but that's bygones now so irrelevant

Anything about 2m requires planning permission but if your gardens are of different levels then this gets complicated. If the natural ground level is 50cm below where you built the fence, then your fence would have to be 50cm shorter than 2m or require planning permission. If there is no obvious sign of the natural ground level they will assume it is half way between your gardens. So if your garden is 1 meter higher than theirs, they will measure the fence from 50cm below your garden. So if the council come out and measure it, they might need you to reduce the height a bit.

Otherwise, just forget about everything else. You've paid for it all, so forget about the cost. The wall is gone, so nothing to worry about there. Just sit back and wait for the council's planning people to come measure it. Either they will or they won't. If they say you have to do something, then you have to do it. Otherwise just get on with your life and forget about your neighbours.
They might make threats, but realistically there's nothing they can do except inform the council planning department.

TheCyclingProgrammer

Was the wall on your land or theirs? Deeds are not a reliable means of proving ownership. However if the wall foundations were clearly on your side of the boundary then I think it's reasonable to assume it's yours.

How high was the old wall? 2m sounds ok to me.

If they aren't willing to contribute towards the costs of replacement then that's their problem.

Tyler119

The wall was 100% on our land. There used to be a knackered old block shed when we bought the house. The back end of the shed made up part of the wall. The back end of that (now demolished 12 months ago) is probably half a foot on there side of the fence now. I think basically we have given a bit to them, the now demolished wall, wasn't even straight, it was like wave.

I read that if gardens are different levels, the measurement for height is taken from the higher ground (if that is where the wall stood). They have a side wall to there neighbour, which is 7 foot at its highest.. I could be wrong on that though.

The husband has been out and actually he wanted more than 2 foot removed from the height of the fence. I've said that is way too much, especially as legally speaking, I'm watertight. I said I would go down to make it a 5 foot fence. He said he will talk to his wife.

I'm happy for that to happen, but they will have to foot the cost of having my contractor carry that work out. Unless a court orders, I don't see why I should pay to have my fence cut in height, to suit someone else. Funny thing is, 1 foot off won't make a difference to how it looks. It also looks like the real reason they have a problem, is the look of the fence....I offered 2 weeks ago to go round with the book and show them what was going to be ordered....his response was...I thought it would be something reasonable!!