garden wall

Discussion in 'General Gardening Discussion' started by michael, Apr 9, 2005.

  1. michael

    michael Apprentice Gardener

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    My neighbour has built there garden up to the top of the ajoining wall with a patio shrubs a garage on stilts the wall is about 7 foot high but now the wall is collapsing in to ours and my neighbours gardens we spoke to them about this and they say its not there problem where do i stand
     
  2. SteveW

    SteveW Gardener

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    At least 7 foot away

    To be serious, I don't think we are able to give advice on disputes such as this, you would probably be better off contacting some legal forums or even a solicitor
     
  3. Bayleaf

    Bayleaf Gardener

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    Hi Check out www.odpm.gov.uk + link below for info on Party Wall Act 1996. You should have had a notification of planning from your local authority BEFORE they commenced work. I had something similar with a neighbour, and objected to the work being done, which was then modified. If they carried out the work without notifying you, it may be they don't have planning permission. Contact your local authority via their website & check out the planning folders. & take Steve's advice & seek legal advice. The legislation is quite complicated & this may be a planning issue or come under Building Regulations. Good luck

    http://www.hmso.gov.uk/acts/acts1996/1996040.htm
     
  4. wineandchoc

    wineandchoc Gardener

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    I agree with Bayleaf, you should contact your local Council for advice on this one.
     
  5. Fran

    Fran Gardener

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    I too agree with Bayleaf, you council should be able to help both in terms of law and indeed mediation. Solicitors only in the last resort, it is not good to fall out with neighbours - besides the one truism about law (never confuse it with justice)is that the one person who never loses is the lawyer. A lorra perverse incentives in the legal profession.
     
  6. Webmaster

    Webmaster Webmaster Staff Member

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    How old is the wall ? If it has been there for more than 4-5 years, there may not anything you can do with regards to planning (clause known as 'established use'). If under 4 years though, they would have needed planning consent for even a boundary fence over 6' high.

    Agree with the 'falling out' with neighbours ..... It may not be worth it, if you want to sell your property, as neighbour disputes may need to be notified to prospective buyers.

    But on the other hand, if the wall is causing a danger, that in itself could be disastrous.

    It's really up to you as to how you take action, if you have children, you would not want them playing in a danger zone!!

    Your neighbour may be able to claim through their buildings insurance for 'subsidence' of a retaining wall. Which is what I would discuss with your neighbour, as it would BE THEIR PROBLEM if an accident were to occur due to the wall collapsing, especially after you notifying them of the state of their wall.


    Nathan.
     
  7. Bayleaf

    Bayleaf Gardener

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    Michael - make sure you make a note of all conversations with your neighbours regarding this issue. I know its hard to keep it "light" but try (& don't mention solicitors when you talk to them!). My neighbours were quite sneaky initially & lied about what work was being done, (so we were all smiles & quite ok with it) it was only when we got the notification that we realised! (The extension they planned would have knocked out a substantial piece of hedge & of light). We got them to make amendments, They agreed to "move" it inwards from the boundary. but I have to say the planning officer was a real b***h! - but we did get to speak to some one human, eventually. & We're still talking to the neighbours!
     
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