I really need some advice

honeybeehive12

Hi WIAWSNB - in relation to what you wrote ''……you stated your intention to remove this raised strip on your side of the boundary'' , he removed the strip without telling me along with parts of the railing. He used a digger to claw away at the land and railing. I'm not sure how far he would have gone had I not caught him. I wish I'd gone out sooner to see what the commotion was.

The reason, I think, for leaving the space where I marked 'area of concern', is that there were large trees at the boundary, which he removed last year. The stumps are still there and if he tries to remove them, the roots will take away half of my garden. He'll be putting the fence in front of the stumps, leaving that gap.

WIAWSNB

Get all the facts written out in brief-but-succinct chronological order. And call up your LegProt.

It looks very obvious that the guy is in the wrong, but it will be much easier for you to resolve if you have LP.

Also get clear in your head what you will accept as a resolution.

Since your plots were determined and built well before the ones on the other side, I think it's a fair assumption that the railing was put there as a boundary marker. At that time, the land may well have sloped steadily across the boundary, and the lowered level would have been carried out when the land was built on with the bungalows - in which case I understand the retaining of the land would be entirely their responsibility; it was done for their benefit.

What is in place for your side-neighbours? Do they have land height differences with their back neighbours? What sort of fences do they have there? Who looks after them? Do they have 'railings' too? Along with decorative fences, or instead of?

Anyhoo, facts and LegProt. They will almost certainly suggest a 'letter' in the first instance - be totally guided by them on what it should contain.

honeybeehive12

https://forums.moneysavingexpert.com/discussion/comment/81985481#Comment_81985481

All properties on my street and the local area have these metal/ iron railings. A section of my garden backs onto the back garden of the bungalow next to the problem neighbour. That section slopes down. It's a cul-de-sac where al the houses are at the top of a small hill. Some houses have neighbours at the back and it looks like those all have a slope. The ones that don't have neighbours have gardens backing onto open council land. Some have built wooden fences in front of their railing for security.

uknick

Sorry, I can't add anything to the advice already given.

I'm probably missing an obvious thing here, but out of curiosity, when you say metal rail do you mean panel buried in the ground? I can't see how a narrow strip of metal railing, or even the trees for that matter, have stopped the soil moving to fill the gap over the years.

honeybeehive12

https://forums.moneysavingexpert.com/discussion/comment/81985555#Comment_81985555

Yes the railings are buried deep into the ground. He removed the horizontal bits but some of the spikes remain in the ground. If you look at he 2nd and 3rd drawing, you'll see that there was a strip of land beyond the railing. That has been removed. When he removed the trees the paving stones on my garden became slightly wobbly. Now he's taken that strip away with a digger, I'm concerned that it will affect the stability of my land.

To make it clearer, there is no wooden fence there at the moment, never has been. This is a new thing he's doing.

The strip of land he clawed away was wide enough for my kids, when they were younger, to walk along it to access the area marked council land.

honeybeehive12

https://forums.moneysavingexpert.com/discussion/comment/81985481#Comment_81985481

I was happy with the resolution we agreed to 10 days ago. He said he'd fill that gap I call area of concern, with rubble and soil. Now he's saying he doesn't think it's needed but he's not a civil engineer, nor am I. Yes, I'll need to get the ball rolling with calling someone for advice.

uknick

https://forums.moneysavingexpert.com/discussion/comment/81985571#Comment_81985571

Thanks. Look like the garden was designed to have the buried railings and trees to keep the garden in place. If I was your neighbour I think I'd have contacted a structural engineer to assess the issue before removing anything. But, hey ho, many people don't think any further forward than the next day or so.

There are a few houses by me that have a raised garden compared to the public pavement level and they have concrete slabs, similar look to paving slabs, that are used to keep the soil in place.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/81985535#Comment_81985535

So, the default for these plots was sloping ground, and this remains the case for many/most neighbours.

In which case, that change in level was carried out for the benefit of his property, so he is responsible for retaining the ground - I am 99% sure of that.

The horizontal strips he removed, this was essentially a 'fence', yes? If it was within his own land, then he is entitled to do this (unless the deeds are very specific that it 'must' be maintained in perp.) If it is truly 'party' as your neighb's think, tho', then he shouldn't have touched it without your agreement.

So, you certainly 'have' him for any potential loss of your ground tho' slippage, and you may have him for dismantling a party fence without your permission.

In general, tho', I'd reiterate that a one-foot difference is unlikely to move very far. However, if you wanted to put up your own fence, on your side of the boundary line, then it would be very vulnerable to this sudden change in unsupported level unless you went to the extra cost and hassle of using longer posts, dug deeper.

Anyhoo, fingers crossed you have LP - this will be a walk in the park for them…

honeybeehive12

However, if you wanted to put up your own fence, on your side of the boundary line, then it would be very vulnerable to this sudden change in unsupported level unless you went to the extra cost and hassle of using longer posts, dug deeper.

WIAWSNB - Can I ask him to reinstate the metal railing and to shore up the boundary to how it was? If that did happen, if I chose to erect my own fence, would it be less vulnerable.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/81985741#Comment_81985741

You need LP advice.

If the railings and ground supports are his, then he can do with it what he wants - it belongs to him, and it's on his land.

However, he mustn't undermine your land, and it would appear that his actions could/would lead to this. And if it did, he'd be liable.

But you need evidence of the situation, and to prove you have unambiguously informed him - he'll then have no get-out.

Decide what it is you want. If it's just to put up your own fence and ensure it's secure, at no additional cost to you, then I guess you have two options - one is to get two quotes for a fence, one with longer posts dug deeper, and ask him to pay the difference, or, put him on notice of your intention to erect a standard fence, based on his assurance that he would support the ground; you ain't going to wait for him to do this, but will take him on his word that he will do so soon. If he then fails to do so, and the ground and your fence moves as a result, you'll sue him for the cost of reinstatement.

As always, it's your call to make. Just be sure it's worth the hassle. He's an arris, no question, but, you know...