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Fence issue

We are having problems with our fence. Our house is on a slight hill with the garden running horizontal to the hill. Our neighbours have built up their garden by piling up earth to raise their garden. As a result our fence has been supporting their garden. Our fence is made of wooden posts and wooden slat panels.

Our fence panels keep on falling down, buckling and generally giving way.

Can anyone suggest a solution that means we don't have to keep on replacing parts of the fence? I am prepared to do a whole new fence but want something that will withstand this situation.

Does it sound like the issue is with how our fence is installed or the basic design?

Posts

  • Your neighbours by their actions are causing damage to your property i.e. your fence.

    Whilst not a criminal offence, it is damage through negligence on their part. They are not allowed to pile soil against your fence without your consent or taking suitable precautions to guard against causing damage. 

    It is a civil matter actionable in the courts.

    If you are on good or reasonable terms with them then it is preferable to talk to them about it and come to some reasonable solution. 

    I'd hope you could solve it amicably. if not you have grounds to seek redress in law.

  • fidgetbonesfidgetbones Posts: 17,617

    Get the neighbours to replace the wooden fencing panels with concrete panels on their side to support the soil. If they have altered the level, it is their responsibility to stop it falling onto your fence or land.

  • Zoomer44Zoomer44 Posts: 3,267

    Sadly we live in a world now were some neighbours don't seem to see or care what problems their actions cause to others.

    I had a similar problem only I was the one who wanted to level out my lawn. The dividing fence is wooden panels with concrete posts, I replaced the bottom of the fence with a 1ft high concrete fence as fidgetbones suggests, after explaining to the neighbours, why, and then put the wooden fence on top of the concrete. We agreed when the wooden part needed replacing we'd use panelling 1ft shorter, which is what happened. Problem solved.

    Your fence may need the wooden posts replacing with concrete as these will last for all eternity. 

    I paid for the concrete part though, which was only fair. When the wooden panels needed replacing, although I offered to pay half, they insisted on paying for it reasoning their children had hastened it's demise by kicking footballs against it...two happy nieghboursimage.      

    I'm happy to be wrong but some dividing fences are jointly owned, the deeds to youir house should hold this information, however, if one neighbour decides to pay for the replacemet of the whole fence it becomes their property and their responsibilty to replace it. Your neighbour may not know this so I'd let them work this part out for themselves.

    The issue in your situation is the neighbour damaging your property. Talk to your neighour first and see if you can reach an agreement to replace the fence with concrete fencing at the bottom to keep the neighbouring garden, in the neighbours garden.   

    This doesn't answer your Q but if the cost is shared, it will then be jointly owned placing part responsibility on your neighbour to keep it maintained.   

  • are your neighbours aware of the problem? you have to make them aware of what is happening to the fence and that they need to build a retaining wall to support the weight of the soil against it. Fencing panel are just not designed for this. Might want to talk to council about building regs regarding this.

  • Thanks. What I was planning on doing was getting some possible solutions and costs and then sitting down with our neighbours and suggesting they pay half. It is our fence to maintain and we've already spent quite a lot of money replacing panelling but I'd like to keep good relations with them if possible.

     

    So some sort of support at the bottom appears to be the consensus and then you can put a proper fence on top?

  • KT53KT53 Posts: 9,012

    Concrete posts, 12" gravel boards and conventional timber panels above should solve all the problems permanently.

  • thanks

     

  • I'm not sure why you feel you should pay half if they have caused the damage...?

  • because I'd like to maintain good relations with them. And apart from this they're not unpleasant neighbours

  • Oh I understand that, but surely if they know they are damaging your property, they should be willing to sort it out...

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