I have a 6' featheredge fence between myself and my neighbour to the back of our house. Paid for and maintained by myself. Tonight I have found the bottom of the fence bowing into my garden and hard core leaking through. The cheeky fuckers have had the builders in and had their rear garden levelled. They have used my fence as the retaining wall for the infill. The neighbours are out this evening so I have not been able to speak to them. I have had the tape measure out and their garden has been raised 35cm. ie my side of the fence 180cm, theirs 145cm. So, where do I stand?
Doesn't sound as if it has much to do with planning permission. If your neighbour has taken action which has damaged your property without your agreement, you may well have a claim against him. Provided you really want to make him your enemy for ever, obviously.
For once, I agree with Pete. Can't see anything that would be relevant to planning permission, but they have damaged your property. If the are just using your fence to retain the hardcore and soil it will probably not last very long before it all slips into your garden. You probably don't need me to tell you, but whoever did the job for them was a complete bodge artist. Try your local Citizen's Advice Bureau - they'll point you in the right direction. Also, your home insurance may cover it - your property is being damaged - you could speak to them. Ours paid up for a new fence when a neighbour's tree fell over and trashed it.
Talk to your neighbour. Do not argue, legal etc will not work. In instances like this, there are no winners. Just ask for your side to be cleaned up.
I agree about trying not to argue etc, however the fence is liable to rot from the other side if there is a raised line of soil etc along it's length, as the material will act like a sponge? Feather edge isn't the most resilient so I'm guessing that it's serviceable life will be cut short unless something is done.
No planning involved unless there's a change of use (and by this I mean they've converted the house to a business or skateboard park or something). I was asked to advise on this very issue not that long ago; from the other side of the fence (pun intended). Their neighbour had the same complaint as you with the added bonus the raised levels caused flooding in their neighbour's garden because of the run-off. I refused to advise on the basis that it would cost less to grub up the hardcore and replace the fence and be a decent neighbour. Hopefully your neighbours will share the same view. Talking to them must surely be the best policy: 1. They may not be aware of the issue. 2. They may be aware and are perfectly content with replacing the fence. 3. They may not be aware that their fence will rot in no time. 4. They may not give a stuff but at least you know where you stand. Strictly speaking, they've damaged your property however only you can judge whether any formal action is economical / desirable. As a last resort, if you get nowhere, remove the fence where the hardcore is coming in. You have a duty to mitigate any loss. In removing the fence you'll be reducing the damage. They'll be round before you can say Alan Titchmarch. Easy for these things to become highly charged. For example, my neighbours are arseholes. I would love to make life difficult for them however I refrain from doing so. They've been in breach of a number of restrictive covenants that apply to my property and therefore I hope to theirs yet I deliberately turn a blind eye. They've no idea what I do for a living yet even in this instance even I will not take action on account that: 1. There will be no winners (well, there will, me, but at what cost?) 2. Restrictive Covenants / land disputes are awfully messy and often emotionally charged.
Chrisw's w neighbours have merely profiled the garden have they not? I assume so as no mention of it or run off problems etc. Even if they have, what on earth is Chris going to do? Notify the planners, wait months and piss his neighbours off irrecoverably over single fence panel and potential rotting fence behind? Talking to the neighbours a better alternative. To keep my analogy simple I referred to one neighbour. It wasn't. it was a development we acted as client's agent for along a shared drive on the development. It was built up ground / stone a couple of hundred mm against neighbouring fences of the previous phase. Ground made up of stone so no planning but but still water run off issues hence my comments re good neighbours.
ok.... only burn the conservatory a couple of hundred mm....or so i heard.. the points are, it is still someone else's property even if it is only a couple of hundred mm...... this appears to have been started by said neighbour, (or said neighbours developers) not chris! it is somewhat arrogant of them to just do it and not do it properly maybe there are building regs that apply.. it is somewhat arrogant of them to just do it and not involve chris in the decision process before doing it..... i dont know how or what involvement you had in this particular part "acting as a clients agent" but it would appear chris and his fence were fine before you and your came along...maybe you and yours should of done the talking first as a better alternative!
Do you get on with these neighbours if you do just go round and get them to have a look at how their garden is and will damage the fence over time and are they aware ( they may not be ) See if you can work something out between you eg better fence panels that will survive all horrors and it will affect that end of their garden if the fence falls down and see if they are willing to help with the cost You never know they may be willing
