Garden fence and retaining wall - I want it removed

katieort

I've been searching the answers to this for ages, but can't seem to find any information on someone having a similar issue.
So basically, the neighbours whole garden is about a foot maybe 2 higher than the front section closest to my house garden (mine is lower and then slopes up to the same height as neighbours about halfway down garden). My garden is pretty crappy, and I'm slowly working my way around sorting it all out, the front section, closest to the house has a wall that runs parallel to the neighbours fence (concrete posts and gravel boards, panels between posts in case you need to know), the wall only goes up part way to where it then slopes up and then goes around to make a square, so a sort of patio area, but the wall is really rubbish, diy job and is falling down so much that i can just pick apart the bricks without any effort. So long story short I want to get rid of this whole wall, because not only is it rubbish and falling down, it takes up a lot of space.
So on to the issue, as I have said it runs parallel to the neighbours fence about 2 foot away from their fence, and has dirt in between the fence and wall, my guess is it was some sort of raised flowerbed, but was all but dead and just dirt and stone when I moved in! The bottom of the neighbours fence, is the top of the dirt pile, so is level with their own side, but the actual ground level (its concrete so know its not been lowered) on my side is much lower, at least a foot lower, so if i remove the wall, and most of the dirt and reclaim the space the wall was in, I am worried the neighbours fence will either fall down or be compromised in some way, and/or we will just have loads of the soil from their side falling in to my garden. 
Long story short, I want to know what rights I have, can they claim damages or anything like that against me if the fence fails. Whose responsibility is it to retain the fence. I've looked into retaining walls and fences a lot, and there seems to be conflicting advice on whose responsibility it is, higher ground, lower ground especially as its not a retaining wall on the boundary like most people have, its basically a disused flower bed! 
I also looked on old google maps, and looks like the fence was only put up in the last 3-5 years give or take, there was a hedge all the way along before.
Attached is a quick pic so you can get a rough idea, sorry about the mess, its a partial dumping ground and temporary blockade for my dogs so they can't see the neighbours cats and bark at them!

MovingForwards

Have you taken any of the soil out to see what the concrete thing is as it may be a gravel board or similar. What do the fence posts go into?

Can you take any photos within the garden so we can actually see what is on your side?

Ectophile

Your deeds may show who is responsible for the boundary.  Look for little "T" marks along the boundary pointing at the "owner".  But some deeds are less helpful.

But that doesn't actually prove who owns a fence.  The person who doesn't "own" the boundary is free to put up their own fence, so long as it is on their side of the boundarry.

katieort

MovingForwards said:

Have you taken any of the soil out to see what the concrete thing is as it may be a gravel board or similar. What do the fence posts go into?

Can you take any photos within the garden so we can actually see what is on your side?

I've not taken any soile out yet, not had chance to properly look yet, and its been rubbish weather. Looks like the posts go straight down into the dirt, not sure how deep i assume concreted in though.
I just popped out and took a couple of photos so you have a little bit better idea though.. (again excuse the mess!)

Alter_ego

Why not talk to the neighbour about what you plan to do?

katieort

Ectophile said:

Your deeds may show who is responsible for the boundary.  Look for little "T" marks along the boundary pointing at the "owner".  But some deeds are less helpful.

But that doesn't actually prove who owns a fence.  The person who doesn't "own" the boundary is free to put up their own fence, so long as it is on their side of the boundarry.

Unfortunately it doesn't say on mine whose boundary is whose, but they have said its their fence anyway, and the general consensus of the gardens seems to be each house looks after the right side (looking from street)
I only moved in last year, and the previous occupants were an older couple who didn't really do much in their garden the last few years (it was very overgrown and unkempt hence the long time trying to sort it!) so it wasn't the previous owners that put the fence up.
I'm not disputing who owns the fence anyway, I'm more thinking of what happens when I remove the wall and the soil from next to it! And if I am liable for damages to the fence and if I would have to pay to fix it.

katieort

Alter_ego said:

Why not talk to the neighbour about what you plan to do?

I will do at some point before I start doing anything major, but we haven't had the best of relationships, they've had a pop at us and been quite rude to us a couple of times for various non issues (probably just the stress of lock down getting to them, but no need for it!) and we just like to do our own thing and keep to ourselves and not really speak to them unless we have to.
I also want to have as much info on the matter first so that when I do speak to them, and they start moaning or having a go or whatever I can say here are my rights etc..

qazwsx12345

Why don't you dig some of the soil out near the post like the last pic you are showing. Then youl hopefully be able to  see how deep the post are in the ground. Or stick your head over the fence to.see how many gravel boards are on the neighbours side. That should give you a good idea..

Mitch

qazwsx12345

I meant to add.. if you disturb the neighbours fence you will be liable to sort it out

ElephantBoy57

katieort said:

Unfortunately it doesn't say on mine whose boundary is whose, but they have said its their fence anyway

Where is the boundary? Is it the tall fence, the short wall or in the middle?

If you take out the wall, that does not automatically mean that your garden boundary goes right up to the tall fence.

unforeseen

If you take the wall and soil away, you will need to provide something to retain their land as it appears that your land has been lowered not theirs raised, based on the fact that the wall is well within your land