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Old 15-08-2004, 10:53 PM
SantaUK
 
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Default Raising Height of Land

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


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Old 15-08-2004, 11:25 PM
Peter Crosland
 
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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.


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.


  #3   Report Post  
Old 16-08-2004, 09:26 AM
Tony Williams
 
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Default

In article ,
SantaUK wrote:

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?


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.

--
Tony Williams.
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Old 16-08-2004, 11:30 AM
Palindr☻me
 
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Default

SantaUK wrote:

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


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






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Old 16-08-2004, 12:02 PM
Peter Crosland
 
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Default

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.


Not necessarily so. As you say talk to him.




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Old 16-08-2004, 12:05 PM
Troy Steadman
 
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Default

"Palindr?me" wrote in message


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.


Not so.

quote

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."

/quote

http://www.boundary-problems.co.uk/


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Old 16-08-2004, 12:48 PM
Palindr☻me
 
Posts: n/a
Default

Troy Steadman wrote:

"Palindr?me" wrote in message


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.



Not so.

quote

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."

/quote

http://www.boundary-problems.co.uk/


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..

--

Sue




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Old 16-08-2004, 12:51 PM
Peter Crosland
 
Posts: n/a
Default

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..


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!


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Old 16-08-2004, 12:59 PM
Palindr☻me
 
Posts: n/a
Default

Peter Crosland wrote:

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..



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!


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

__
Sue


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Old 16-08-2004, 01:56 PM
adder
 
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Default

"Peter Crosland" wrote in message ...

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.


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.


  #11   Report Post  
Old 16-08-2004, 03:27 PM
nambucca
 
Posts: n/a
Default


"Peter Crosland" wrote in message
...
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.


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.

As far as I know ........its law that the landowner who raises his land

MUST retain it by suitable means

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


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Old 17-08-2004, 01:50 AM
Doug.
 
Posts: n/a
Default


"Troy Steadman" wrote in message
news:93f8badadc2752291c5c92b90c045bed.125090@mygat e.mailgate.org...
"Palindr?me" wrote in message


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.


Not so.

quote

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."

/quote

http://www.boundary-problems.co.uk/
Posted via Mailgate.ORG Server - http://www.Mailgate.ORG



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Old 20-08-2004, 09:03 PM
bnd777
 
Posts: n/a
Default


"SantaUK" wrote in message
...
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



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



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Old 21-08-2004, 10:21 AM
Doug.
 
Posts: n/a
Default


"Troy Steadman" wrote in message
news:93f8badadc2752291c5c92b90c045bed.125090@mygat e.mailgate.org...
"Palindr?me" wrote in message


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.


Not so.

quote

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."

/quote

http://www.boundary-problems.co.uk/


******
First , define the line which is the border between your property and
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.


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