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

[Madwife123]

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.

Our fence is less than 2 feet from the side of their house

Christ. I was thinking 'meh, no biggie' until that point. You need the neighbours to understand this is really their problem, not yours, and when you remove the fence their house will be structurally unsound.

This is not a snag, it's law suit territory- but it's mainly your neighbours problem.

I saw a House near me have its fence replaced recently. Their garden is about 2ft higher than the ground the other side of the fence. They had concrete posts and concrete gravel boards, several gravel
Board stacked, to form a retaining wall? I'm not sure if it's normally done like that, but maybe more cost affective?

I think you should go back to the builder. This is not snagging. Snagging is minor corrections or finishing off. But broadly following the original design. This isn't snagging this is a design issue which is causing ongoing issues. And its quite a major error on something very basic. This is what they have professional indemnity insurance for. Legally and morally they should be fixing this. I'd write to them and start tweeting / facebookinf them. If you don't get a response then I'd get a solicitor involved. It's all very well taking advice from people on here but we wont be paying out compensation if your neighbour tries to sue you for removing fencing and causing his land to subside

several gravel Board stacked, to form a retaining wall? I'm not sure if it's normally done like that, but maybe more cost affective?

That might be temporarily fine except that the land in question is supporting a house. I scoffed at the tens of thousands until I read that bit. Everything OP is saying about neighbour's responsibility and cost sounds right.

One instance of heavy rain (in England? Going to happen!) will likely cause the ground to slide, and even a slight shift can then cause the entire structure to collapse. It's a miracle that this hasn't yet happened! Please stress the urgency of this to the neighbour and present a unite front when you confront the builders. Their home is at risk, and potentially yours too if it's very close.

Good grief - this isn't going to lead to the neighbour's house falling down people need to stop catastrophising! This can easily be solved with gravel boards, sleepers or even a small wall - but a wall isn't the only option. Nobody's house is going to subside.

@Madwife123

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

No it isn't.

There is no way a wooden fence is being used as foundation for a house! thats ridiculous, the house wall will be on a 600mm x 1000mm foundation.

Do you want their land coming on to your land? if not, then maybe ask the neighbours to go halves on a decent wall?

The costs of legal action (unless you have insurance) will be more than a wall & the NHBC are always on the side of the builders, they fund it!
You 'll get nowhere with them.

I’d got back to NHBC with the new information you have. Their helpline are really good and worth a call.

Do you want their land coming on to your land? if not, then maybe ask the neighbours to go halves on a decent wall?

No, no, no. Do not offer this. They are waiting for OP to blink first.

Talk to your insurers

Totally agree with contacting NHBC again and making a complaint. That fence is not fit for purpose. Although I wasn't impressed with the fencing around my new build garden at least they there were on top of retaining walls.

One instance of heavy rain (in England? Going to happen!) will likely cause the ground to slide, and even a slight shift can then cause the entire structure to collapse. It's a miracle that this hasn't yet happened!

It's a brand new build house. The foundations go at least 50cm below the level of OP's land. There is no danger of that.

This is a long term issue but the chances of getting the builders to fix it are good if addressed now.

I seen an american lady have this issue or something similar .. she took away her fence and built it further in on her property & just had simple markers to mark off her property line .. the neighbour had to sort her own retaining wall ..

We have similar. Use as many concrete slot things as you need at the bottom instead of a retaining wall, more robust, then wood on top

I’m not sure OP should install gravel boards or anything similar because then she’s taking responsibility if the land does subside.
The neighbors could argue that she caused the issue when she knew the real issue and real cost of a retaining wall.

@BluebellsGreenbells

I’m not sure OP should install gravel boards or anything similar because then she’s taking responsibility if the land does subside. The neighbors could argue that she caused the issue when she knew the real issue and real cost of a retaining wall.

Very true.

I would remobe the fence and plant bamboo all along it. It will affect next doors fence and they'll end up paying for a retainer wall.

Contact NHBC you’re within your 10 years.

Please please please contact NHBC again and / or LABC.

Your home insurance have legal cover? I wonder if they would cover a claim against the builder?

@Madwife123

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?

This is right. You do not have to have a barrier up at all. It's only your fence to maintain if you choose to have a fence. Planting shrubs or hedge is a sensible thing to do as the roots will stabilise the earth.

It's not your responsibility to prop up next doors garden if a retaining wall was never built.

If I were you I'd leave the lower part of the fence in place by cutting it at the neighbours ground level, then plant a hedge in front. I think you'll find with the growing root system it stabilises itself in a few years.

If your neighbours decide they would rather have a fence they can put one up on their land.

[quote Madwife123]@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.[/quote]
The higher ground would have been there whether there was a house or not so you should have picked o up on it at purchase. But obviously the builders more than should have picked up on it!!Hopefully there is some redress.

The number of posters in here firmly of the belief that a 1cm thick wooden fence is holding a house from falling down is worrying.

I’m honestly not getting how any of this is the responsibility of the neighbours? Did they bring in top soil and build up the level of their garden? Or did some cheapskate builder just pap up a fence and hope that no-one would notice?

This seems to be a common thing with new builds. I know a young couple who are having tremendous issues with their new build - the garden in particular which slopes like a floppy slice of bread to meet their neighbour's (lower) garden. The couple's garden is like a trampoline it's so soft, and you literally sink if you stand for more than 10 seconds on the 'lawn'. Everyone has developed slopy shoulders, no one wants to take responsibility, even though it's only 6 months old.

This shouldn't be allowed, OP. It's disgusting, and I hope you get it sorted.

We live on a hill next door is Higher than us. When he is in his garden we can see the tip of his head over the fence which is probably about 6ft or more high our side. We had our fence replaced recently 2 gravel boards first then a wooden panel that last ones lasted 14 years the posts had just stated to lean. For 6in of soil I would just use a gravel board.

And no the house will not slip into your garden.

A neighbour could put a raised flower bed against the fence with out a retaining wall.