Raising Height of Land

[SantaUK]

I moved into a new build home at the start of the year. To say there was a slope in most of the back gardens would be an understatement.

Went on holiday for two weeks, to return to find my neighbour has levelled his back garden. I'll try to describe the best I can.

He's placed strapping onto our joining fence, attached to the fence posts. He has then laid on their side, 3x2 slabs, leaning against this strapping, and then filled with soil. He has raised his land by two feet, and subsequently, the fence on my side is 6 foot, but on his side, is then only

4 foot. Obviously all the weight of this soil and slabs are against the fence, and my concern is with drainage and stress on the fence, and the fact that in two years time, what if the fence rots / snaps / breaks etc, where do I go from there once it all slides into my garden?

This home is in Scotland, so Scots law applies, is there anything in the way of planning permission that would needed to have been received before going through with this? He didn't ask or say to myself that he was going to do this, I just think that we can't all go around raising the height of our land and / or without a supporting wall.

Your thoughts are much appreciated.

Regards

[Peter Crosland]

This home is in Scotland, so Scots law applies, is there anything in

The first thing to do is to go and talk to your neighbour in a non-confrontational manner and try and see if a sensible compromise can be arrived at. It may be that you can sort it out before involving any outside parties. Far better than making a big issue of it at this time.

[Tony Williams]

I've got a 12ft run of retaining wall built from 2x2 concete paving slabs. They lean backwards at about 10-20 degrees, and have been there for 12 years with no problems....... unlike the various vertical brick-built retaining walls we have.

Consult with your neigbour about possible damage to the fence and suggest, (as a joint project), digging away behind his 3x2 slabs and putting a lean on them. Tilt the tops of the slabs about 6" over.

Amicable solution, and you both get what you want.

[Palindr☻me]

Who owns the fence? If the posts are his side, which it sounds like they are - then maintaining it is his problem and not yours. It may be different in Scotland but, unless it is toddler height or more, the local building regs people won't be interested.

If you live in a flood plain and your gardens are part of the flood mitigation scheme, then he would need NRA approval to raise the level of parts of the garden. Otherwise, unless there are local restraints, tough.

Talk to the guy. Which direction do the gardens face? If his gardens get sun from over the fence you could point out that you fancy some nice high trees to restore your privacy...

Good luck,

Sue

[Peter Crosland]

Who owns the fence? If the posts are his side, which it

Not necessarily so. As you say talk to him.

[Troy Steadman]

Not so.

The principle that "the tidy side of the fence faces the outside world whilst the structural or less attractive side faces its owner" cannot be relied upon to identify the owner. There is no law that I am aware of that says the structural side of the fence must face the fence's owner. In fact, for close-boarded fences it is more appropriate for the supporting rails to face the neighbour. This is because when it comes to maintenance, the boards will be prised onto the fence owner's land rather than pushed onto the neighbour's land with implications of encroachment and issues of safety."

[Palindr☻me]

Thanks for that (and to Peter, who pointed this out also). It is a no-lose situation - if the fence belongs to the neighbour then it is his problem. If it doesn't then the neighbour has done criminal damage to the OP's fence by affixing strapping to it..

[Peter Crosland]

This may well be the case. Even so I would still urge the OP to go and talk to his neighbour to see if he can resolve matters. A chat over a cup of tea or pint of beer can work wonders. Or in this case even a wee dram!

[Palindr☻me]

Yep, I agreed so much with your previous post that I couldn't think of a word to add to it.

__ Sue

[adder]

Usually you have some fences you are responsible for and some your neighbours are. If this is your neighbours fence then they may be able to do whatever they want with it. I guess you might be able to make out that it's dangerous.

[nambucca]

MUST retain it by suitable means

Your fence or wall is not deemed "suitable means " either

[Doug.]

[bnd777]

Irrespective of scots law ,,,,,,,your neighbour simply cannot use your fence to support his land

He must install proper retaining walls that in no way threaten your fence

As it stands your fence will rot and buckle from the wet /stress and pressure of both slabs /soil and rainwater run off

[Doug.]

his. If the border comes down to the houses then the border is half -way between the two windows. That said, don't say that that line goes at right angles to the far end of the garden. Sometimes it doesn't. Anyway, take the 'tween- windows as gospel and therefore any structure you build must not encroach over that line beacause all land just past tha line is his property. Now! - on your side of the line - within reason you can do what you like with a structure no higher than two metres. You can put the posts in right against the line and board up on your side of it, but it is good manners and normal convention to have your boarding face facing the neighbour's property with the supporting posts visible on your side. What's more that structure looks right and proper because the human mind imagines that the smooth boarding outside is the barrier and the inside with supporting posts and an occasional 45degree strut giving a satisfying sense as though it was a barricade, and you are safe inside. Doug.

******

Doug.