I really need some advice

honeybeehive12

I'm in a bit of a situation. The neighbour at the back removed a metal railing between our gardens without asking us. Our garden is about a foot higher than his; he had large trees that held my soil and rubble in place but he removed the trees last year. It wasn't a problem because there was a foot of land horizontally past the fence, at the same height as our garden but going into his garden.

He removed the railing along with that horizontal strip of land 3 weeks ago. We're up north so no requirement for a party wall notice but he still should have asked.

He assured us that he would put his new fence on his land and that our land would be made stable by adding soil and rubble behind his new fence, against/ adjacent my land.

He's now gone back on his word, saying that the soil and rubble will cause dampness to his fence.

What kind of engineer should I get to make a report to see if our land has been affected in any way with the removal of the railing and the land it stood on?

WIAWSNB

Do you have Legal Protection included in your house insurance?

FreeBear

He's now gone back on his word, saying that the soil and rubble will cause dampness to his fence.

If he uses concrete posts set a suitable depth in to the ground, he can add concrete gravel boards high enough to lift the panels above your soil level. That would stop any damp getting in to his panels, and the whole fence should outlive his tenure.

Should he be putting wooden posts in, he'll have to replace everything again in ten years or so.

Piece of advice - Before he starts whacking in posts, make sure you have marked the exact boundary or you may find him overstepping it. Better still, be around when he starts putting the posts in.

WIAWSNB

Hbh12, FreeBear raises some important points.

The good news, tho', is, a one-foot height difference in ground level is unlikely to cause a problem in the medium term, and should be cheap and simple to fix. A one-foot high retainer should be a doddle to sort and not any more costly that a normal decent fence, but as said above, it could come with two concerns; one is the materials, with timber having a limited life, and the other is if the guy tries to make this 'retaining wall' also the new boundary fence.

It's worth getting as much info and facts together as possible, so it pre-informs any decisions made going forward;

1. Are your houses terraced or semi-detached? If so, the exact boundary line should be easy to determine with accuracy.
2. If fully-detached, can you determine where the true boundary runs? Are there any existing markers there, ideally immoveable, such as the side of a garage or outbuilding?
3. How long have each of you lived there? What is the 'story' behind the ground levels - why does it continue a foot at your level in to the neighbour's garden? And, quite importantly, any idea which (presumably) previous owner changed the level, which I presume was very-originally gently sloping across both properties?
4. What do you mean by this 'metal railing'? What was its purpose - an actual soil retainer?

Regarding materials, timber will 'work', tho' it would clearly help if it was substantial - I made a 3' high retaining wall out of sleepers a good 15 years ago, and it hasn't budged or deteriorated. But, concrete posts and gravel boards would be the sensible option. (On this point, I was surprised to find that the person responsible for the retaining wall - often the one with the retained ground - is legally obliged to make it of decent quality. Further up the terrace where I made this sleeper wall, a neighbour forced, in a legal case, her higher neighbour to provide a block wall, rendered, and painted to match her house!). A 'normal' timber retainer of short posts and wooden gravel boards are unlikely to last a decade.

Regarding the boundary line, it's your call how to address this. The 'legal' boundary can be retained with just a record - photos, markers, ideally a written acknowledgement that it ain't moved - so that would allow your neighb to make his retainer also the separating 'fence' with your acknowledgement that the extra exposed foot of his garden is not yours. I would not like that element of confusion and potential future dispute, so I would try and persuade the guy to either position the retainer and fence in the correct position, or to separate them, but still put the fence along the correct line (assuming he is 'responsible' for the fence, and willing to address it.

WIAWSNB

Eek, as is typical, I misread some details in your OP. I missed it was even a back fence...

The guy has removed this extra foot of soil in his garden? And now has the nutty idea of putting in a timber fence and replacing the soil/rubble on his side to make a fence sandwich?! Lawdie.

I'd just make this a 'putting on notice' letter to him, and record/witness it being delivered. Take lots of photos of the current situation, and put markers in place to indicate the 'true' boundary. (How accurately can you determine this? Does it follow the rear boundary of neighbouring fences?)

The letter should point out concisely what has taken place, ideally with dates.

Dear Mr Rris.

I write concerning our boundary at the rear of our gardens. As you know, the land on my side is approx 1' higher than on yours, and this difference was addressed by the continuation of this level on to your land, and your use of a metal railing.

On around the Xth of Feb, you stated your intention to remove this raised strip on your side of the boundary, and to install a timber fence along the boundary, with rubble being replaced on your side to reinforce the retaining of the ground. The fence would therefore perform two functions - to retain the ground on my side, and to introduce a physical boundary fence to replace the metal railing.

On around the Yth of April, you informed me you were no longer going to install a timber fence, as you understood it would rot due to contact with the soil. I would agree with this - concrete posts and gravel boards would be more suitable, and be a permanent solution.

I note that no progress has been made on this. Could you therefore please clarify;

1. What is your proposal to ensure my raised ground level does not move on to your land following your removal of the retaining feature?
2. Do you have any intention of reinstating a physical fence along the boundary? I note our respective deeds are clear that the responsibility is yours (if true...)

I am concerned there may be movement of my land on to yours, a situation that would be much more problematic to address than simply preventing it from occuring in the first place. So please take this letter as being put on notice of your responsibility to ensure that no land slippage does occur following your removal of the retaining features, and that you will be responsible for resolving any land movement should it occur.

Please let me know by the Zth. (Put a date, give him a week, as it's only a couple of easy questions)

I am very keen to maintain our good relationship, and I am certain this small issue will have a simple and cordial outcome, but it has been stressed to me that I should present my concerns in a formal manner for my protection.

Yours 'offedly, hbh12.

Of course, that is your call. Tbh, how much of a concern is this? I can't see a one-foot height of land moving anywhere fast.

BikingBud

Put in your own stumpy posts and concrete gravel boards.

You establish control and it retains your garden.

honeybeehive12

Thank you all for replies. On checking the sasine plan for our property, it says the land behind my property was vacant land, where there were bungalows built subsequently. Our was was built in the early 1960s. On speaking with neighbours who have been in the street longer than us, they say the metal rail is owned jointly and that it cannot be removed without both neighbours agreeing to it. But if it's correct that my property was built first, I'd assume the rail belonged to me. He said, ''I've removed your fence…it's lying in my garden''. It lay there for about 3 weeks. I let it remain there because he assured me that he's prop up the land to stop it becoming loose. Now he's gone back on his word. I've made a drawing which i hope will help. Our property is a semi detached and his bungalow is the square just to the left of where I've marked council land.

honeybeehive12

Our gardens back onto each other

honeybeehive12

I'll check to see if we have legal cover with insurance. I had hoped he'd do things amicably. I let his brazenness pass because he had said he'd prop up the loose soil and rubble. He also said he would speak to me before his gardener and he put in the posts but I'm now taking that with a pinch of salt because of what he's now saying about not stopping soil and rubble from my land falling onto his fence.

During chats, he let it slip that he wanted to build the fence on my land, on the high up bit. I said that he wouldn't be doing that so now he's refusing to prop the loose soil and rubble. He's been on at me to let him remove the last bit of rail remaining but said no to that also.

honeybeehive12

The metal rail is something the builder used as a boundary between properties, I think. On the section of the rail removed, he's left ground spikes which I think were difficult to remove so we can determine where the boundary lies. I think I'll ask that he reinstates the metal railing and makes sure the land under is is secure and stable.

honeybeehive12

Can't edit so multiple posts. When I say the builder used the railing as a boundary between properties, I mean the original builder from the 1960s.