Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
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:
GreyhoundG1rl · 14/06/2021 21:23

@Madwife123

It isn’t the neighbours fault either. They were also totally unaware until today.
Not their fault, certainly. But definitely their problem.
Stompythedinosaur · 14/06/2021 21:23

The builder is definitely at fault here, and I'd be raising it with them. Poor building of that level is not a snag, its a breach of terms I would have thought.

It's fine to remove the fence and leave the neighbours to it, though.

Original poster
Madwife123 · 14/06/2021 21:25

This shows how close their house is to the fence. The whole house is at risk of subsidence if that fence collapses.

To think I shouldn’t have to pay for this.
OP posts:
purpleme12 · 14/06/2021 21:27

Do you have legal insurance on your house insurance? If you wanted to pursue the builders for this inadequate fence you could go through the legal cover...

nellyburt · 14/06/2021 21:28

I doubt the house would subside for six inches of soil. The foundations will be much deeper. However, get back in touch with NHBC with the new information.

stackemhigh · 14/06/2021 21:28

@Madwife123

It isn’t the neighbours fault either. They were also totally unaware until today.
Of course they were aware already, OP! They didn’t come up with response below today. They’re just hoping to trick you into paying for the work.

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.

SeaToSki · 14/06/2021 21:30

Your neighbours need to peruse the builder if their house is at risk of subsidence. I would tell them you are taking the fence down as it isnt fit for purpose and they need to take action to protect their foundations. Then sit back and watch

CrocodilesCry · 14/06/2021 21:30

Would sleepers or gravel boards work? Our garden is much much higher than our neighbours garden one side, we put in 2-3 sleepers to retain our soil from their side when we landscaped the garden with panels on top. Much cheaper and faster to install than a wall, looks nice and we're all happy.

It's the same the other side but the other neighbours' garden is lower so we have 1ft gravel boards that side with panels.

You aren't going to get the developer to fix this so it's an idea.

Slipperrr · 14/06/2021 21:32

@SeaToSki

Your neighbours need to peruse the builder if their house is at risk of subsidence. I would tell them you are taking the fence down as it isnt fit for purpose and they need to take action to protect their foundations. Then sit back and watch
Yeah pretty much this. Even if you replace the fence it will just keep happening.
CrocodilesCry · 14/06/2021 21:34

PS their house isn't going to subside. That's rot. If it's soil that retains moisture, it'll probably hardly move without the fence there.

If it's very dry soil (like we have, hence the sleepers topped with panels) and there's no grass or plants growing there to give it integrity then the soil may well shift - but the house won't.

SeaToSki · 14/06/2021 21:36

Persue. Not peruse

Alexalee · 14/06/2021 21:37

You don't build retaining walls for 6 inches of soil. The foundations will be nearly 10 times deeper than that... their house will not subside. If you remove your fence then the soil probably won't even move

aussiechick01 · 14/06/2021 21:38

Contact NHBC again explaining that next doors garden is higher and that there is now damage. They should send an inspector out to have a look at both gardens. Also contact the builders and let them know you are doing this as they might be more inclined to rectify it as I've heard affects their insurance premiums.

Userg1234 · 14/06/2021 21:38

Sorry but if you are in England or Wales you owe a duty of support of land. It's a strict liability on you as house owner. Therefore you will be liable for any damage to the neighbours garden/house etc.
You need to contact the house builder asap as they have not built a retaining wall. Ditto nhbc and your insurers.
Did you have a structural survey done if so the surveyor should have spotted the issue

stackemhigh · 14/06/2021 21:39

Owe a duty of support to land to who?

SuperSecretSquirrels · 14/06/2021 21:39

@Madwife123

This shows how close their house is to the fence. The whole house is at risk of subsidence if that fence collapses.
Blimey! I assumed it was at the bottom of the garden. You’re going to need legal advice.
Blankscreen · 14/06/2021 21:40

You will have anew build warranty you can contact them.

Also housebuilders have to comply with Consumer Codes and I would contact the relevant consumer code and raise a complaint with them. It depends which warranty you have as to which code they subscribe to

WhenISnappedAndFarted · 14/06/2021 21:42

@SeaToSki

Your neighbours need to peruse the builder if their house is at risk of subsidence. I would tell them you are taking the fence down as it isnt fit for purpose and they need to take action to protect their foundations. Then sit back and watch
I'd do this
tootiredtospeak · 14/06/2021 21:43

I dont get all the advice to remove the fence surely if you do that their soil will slide into your garden with nothing stopping it. Try citizens advice sounds like you've both been shafted by the builder no point falling out for years over something better to unite and both complain.

LawnFever · 14/06/2021 21:44

I really don’t think their whole house is going to subside.

Might this be covered by your home insurance? I think it’s worth a call.

Otherwise I’d take the fence down and plant a hedge, it’s not compulsory to have a fence

AlmostSummer21 · 14/06/2021 21:51

@Madwife123

This shows how close their house is to the fence. The whole house is at risk of subsidence if that fence collapses.
You're being a little dramatic. The house won't subside because some top soil isn't retained.

I'd just tell them
They need to get the builders to sort out the retaining THEY require and fix your fence that's been damaged then let them get in with it

Original poster
Madwife123 · 14/06/2021 21:52

@CrocodilesCry Oh good that’s a relief then! The soil is dry and spilt through the fence a little today when the panel started coming down but they do have lawn growing there. The fencer said he can’t take it down today after seeing its being used a retaining wall and advised we contact the builder.

OP posts:
Newkitchen123 · 14/06/2021 21:52

Plant a hedge and let the neighbours deal with the builders or use the legal bit of your house insurance to sort it out

Penistoe · 14/06/2021 21:53

It’s the liability of the neighbour to make sure their garden doesn’t fall into yours. So it is their responsibility- not to fix your fence but to make sure their garden does t damage your fence.
They need to pay for a wall to stop their garden subsiding into yours.
I would remove the fence and mark the boundary. I
The fact is if the garden needed retaining it should have been done on their side. This is not your responsibility!

Original poster
Madwife123 · 14/06/2021 21:55

@Userg1234 The duty falls to my neighbour to support their land. I’ve just read that legislation. No we didn’t have a structural survey, it’s a new build. We bought it before it was even built. There was nothing to survey! And next doors house wasn’t built until 6 months after we moved in so even if we did it wouldn’t have picked up an issue that didn’t exist yet.

OP posts: