Boundary/Fence/Land slip issue/advice

SharpyG

Hi all

wondering what people think on this situation please ?

Neighbour behind us has just replaced their previous prefab garage with a very large brick-built structure

This backs onto our garage along the rear boundary with about a 1.8m gap between them, they have just erected a new boundary fence on concrete gravel boards

However, their garden level is about 0.7m above our garden level, the land from their property has, over the years, slipped and created a slope between their property and the rear wall of my garage, so that the earth now covers approximately 2-300mm of the bottom of my garage wall (clearly above the damp course)

We did discuss them rectifying this before and whilst their build was going on and they were very amenable , but they have now just put the new fence directly on top of it

Whose responsibility is this 'land slip' ? I certainly don't want it causing damage to my garage and would prefer it to be level ground that I could use for a small storage or shed

They suggest that I could pay to have it cleared and could put my own retaining wall in ! should I be paying to retain their land ?

Obviously, I could clear it myself with some significant effort and/or cost, but what if this undermines the new fence ?

not sure what to do here as they were all smiles and yes, yes, yes prior to their new garage being built, however now it appears that this is not the case

BTW this is a 4 week build that's now in week 9

any advice appreciated, thanks

Bendy_House

Hi Sharpy.

Has it always been the case that 'their' land has been slipping and building up against your garage? Or has more land slipped since they're building their new 'structure'?

Anyhoo, the basic principle is: if the land between you is 'naturally' sloping, then that's the way it is, and the land won't/shouldn't be sliding or moving by itself. 

But, to make the land more usable or practical, it's common to level/step/terrace the land, and this will often happen at boundaries.

Who is responsible for 'retaining' this change in level, largely depends on who changed the level at that point! 

In your case, if your neighbour levelled their land by raising the land along that boundary, then they are responsible for this step, and for retaining it. If, however, you levelled the ground on your side by excavating away the ground up to the border, then you are responsible for retaining your neighb's land.

So, can you work out how and who altered the levels at some point, from what was most likely a natural and gradual slope across both your land?

As for them being all 'smiles' now their structure is being built, that construction is either permitted planning or it is not. Smiles or no. Does it 'conform'? What is its use?

SharpyG

Hi, thanks

It's been gradually slipping, I guess over the 20 years I've been here

They moved in 2 years or less ago, but is now worse since their new construction, which is substantially larger and taller, I have concerns it will only worsen after time for that reason too.

Problem is they said they would deal with it prior to their build, but now it's nearing completion, they are shrugging it off saying it's my problem

I have not altered anything in the area there since buying my property

Bendy_House

That doesn't answer the issue

WHY is it worse now? Have they RAISED the level on their side? If 'yes', then they are responsible for retaining it.

WHAT is this substantially larger and taller building? Does it conform to 'Planning'? And how can this building's SIZE affect the way the land moves?

Are you 'annoyed' by this building? Did the neighbs 'pull a fast one'? Is this issue purely and solely about this land slip?