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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think I shouldn’t have to pay for this.

79 replies

Madwife123 · 14/06/2021 20:56

Will try and keep a longish story short.

Bought a new build house 3 years ago. The fence at the time was poorly built and not very sturdy. We complained to be told nothing we can do. The fence that is “ours” as in we paid for it and it’s our responsibility was the worst.

Fast forward 3 years and it’s bowing at the bottom. The wood is warped and this is causing the fence panels to split and the top to lift off. Decided it’s time to repair / replace and got a fencer out.

Now the issue is next doors garden, the other side of that fence is higher than mine. A fact I only learnt today having never been in their garden. That means our fence is effectively retaining their higher ground level and it isn’t designed to do so hence the damage. The fencer has said no point repairing or replacing fence as the same will happen and it needs a proper retaining wall.

I am not about to spend money on a retaining wall that I neither need or want and don’t think this should be my cost to bear. Neighbour says it’s my fence so my responsibility and they didn’t raise the ground so it’s not their issue and the house builder says as it’s outside the 2 year snag guarantee they won’t help and it’s my responsibility. But we had no way of knowing our fence was being used as a retaining wall so no opportunity to report this.

Any advice? I’ve included a photo to show the movement of the fence baseboard at the bottom which I am now told is due to the weight of the higher ground next door.

To think I shouldn’t have to pay for this.
To think I shouldn’t have to pay for this.
To think I shouldn’t have to pay for this.
OP posts:
ChocOrange1 · 14/06/2021 20:59

It is your fence so unfortunately your cost. Do you think the neighbour should pay for it? Its not their fault any more than it is yours - as you said they didn't choose to raise the ground level.
If they are being fair, then it would be kind to go halves, but this is the sort of thing which happens when you own a home - its annoying but just one of those things.

Original poster
Madwife123 · 14/06/2021 21:05

I think the builder should pay for it. The fence is mine and my responsibility but building next door a retaining wall surely isn’t? My fence shouldn’t be used as a retaining wall!

OP posts:
Original poster
Madwife123 · 14/06/2021 21:07

Another question. The fence is legally mine to maintain but there is no requirement for me to have a fence only to mark the boundary, which I could do with a hedge if I were to wish so. If I were to take down the fence I would be in my rights to do so. But the neighbours ground will then subside. Whose responsibility would it be then?

OP posts:
Musntgrumble2021 · 14/06/2021 21:08

That’s awful of the builders. With retail if something isn’t fit for purpose you can take it back without proof of purchase etc. I wonder if legally, because it was never fit for purpose you’d have some rights. You would expect a fence to last more than two years. I’m not an expert though so no idea but might worth a bit of research. Seems unfair you have to do this. Good luck.
Which company built the house? A bad trustpilot review might get you somewhere?

Speakuptomakeyourselfheard · 14/06/2021 21:10

Could you not have a new fence installed above the level of your neighbour's garden, and then plant shrubs or something to cover the area of soil that would be showing? How much difference is there in the levels OP?

Whinginadeville · 14/06/2021 21:10

You're not wrong. You don't have to have a fence if you don't want one. I'd take it down and plant a bamboo hedge. String some wire along the boundary line and let the neighbours sort it out with the builders who failed to build their retaining wall.

GreyhoundG1rl · 14/06/2021 21:11

@Madwife123

I think the builder should pay for it. The fence is mine and my responsibility but building next door a retaining wall surely isn’t? My fence shouldn’t be used as a retaining wall!
No, of course it shouldn't, and you're not obliged to replace the fence with anything you'd rather not. If their land slides away it's up to them to contain it. They really need to take it up with the builder themselves.
Librariesmakeshhhhappen · 14/06/2021 21:11

This isnt a snag. This is not fit for purpose. They used a fence as a retaining wall, knowing it would not last and would not be fit for purpose, but that you probably wouldn't notice for a while. Good enough to get the sale through.

I would push them on this. You might get nowhere, buy push. Maybe contact money mail or something, they love reporting on crappy new builds so might take it on and contact them for you.

osprey24 · 14/06/2021 21:12

Tell your neighbour you are not going to have a fence. Then they will have to chase the builder for a retaining wall.

Original poster
Madwife123 · 14/06/2021 21:12

It was built by Morris. They repaired all other snags but argued and argued over the fence, now I know why!

Legally the maintenance of a retaining wall falls to the owner of the land being retained so that’s next door. But there is no retaining wall there to maintain yet. There is a good 6 inches of higher ground putting pressure a fence not designed to hold that weight. And I’m told it’s going to cost 10s of thousands to resolve as excavation work will be required to install the wall as next doors ground has already started to shift and displace the fence.

OP posts:
DearFrutti · 14/06/2021 21:12

I would totally take down the fence.

EL8888 · 14/06/2021 21:13

I personally think the builder should pay, it seems to be his error and short sightedness. I’m no building or gardening expert but it seems obvious the fence wouldn’t last long as basically a retaining wall

Librariesmakeshhhhappen · 14/06/2021 21:14

That's a point. Do your deeds say anything about maintaining a fence? If it just says you need to maintain a boundary, then you dont need to have a fence.
You just need to keep a clear line showing the boundary. Take the fence down, tie some string along the boundary and job done.

Tell them you're not paying to build a wall for their higher ground. Maintaining a retaining wall is not in your deeds.

Original poster
Madwife123 · 14/06/2021 21:15

I even had NHBC out regarding the issue with fence and they said it fell within acceptable tolerance so no further action I could take. But this was before it got worse and before we knew it was being used a retaining wall. They never went next door. The fencer only did today as when he removed a panel soil started pouring through!

OP posts:
Minnie888 · 14/06/2021 21:15

I would contact the NHBC as you're still within 10 years. If you can demonstrate any pooling of water it'll help too.

Whinginadeville · 14/06/2021 21:15

Totally not your problem

stackemhigh · 14/06/2021 21:16

I’d also want to take down the fence and plant a hedge.

Librariesmakeshhhhappen · 14/06/2021 21:16

If you've already raised the fence during the snagging process, then they arent out of it. You raised it within the 2 years, so they need to fix it. Keep pushing. Speak to your solicitor (you may have legal cover with your home insurance).

Whinginadeville · 14/06/2021 21:17

You can probably threaten to sue your neighbours for failing to have a retaining wall and damaging your fence

ZenNudist · 14/06/2021 21:17

Plant a hedge and leave neighbours to it.

Can you remove the fence?

stackemhigh · 14/06/2021 21:18

@Madwife123

I even had NHBC out regarding the issue with fence and they said it fell within acceptable tolerance so no further action I could take. But this was before it got worse and before we knew it was being used a retaining wall. They never went next door. The fencer only did today as when he removed a panel soil started pouring through!
Could they advise on what would happen if you took down the fence i.e is it ok to just plant a hedge and let neighbour’s sort their own property?

Neighbour’s have dismissed you so you don’t owe them any favours.

SuperSecretSquirrels · 14/06/2021 21:20

Take the fence out and make it their problem. It won’t be tens of thousands to fix though, unless it is hear to their house (in which case you have bigger problems).

stackemhigh · 14/06/2021 21:21

Make sure you have shit hot house insurance, OP.

Original poster
Madwife123 · 14/06/2021 21:22

It isn’t the neighbours fault either. They were also totally unaware until today.

OP posts:
Original poster
Madwife123 · 14/06/2021 21:23

@SuperSecretSquirrels Our fence is less than 2 feet from the side of their house. The fencer said it’s a massive job and highly unsafe.

OP posts: