To ask neighbour to reinstate the fence as was?

[CadFinnk]

My new next door neighbour recently changed the fence between us (they own that one).

Whereas the house builder 15 years ago used a 1 foot gravel board, due to their house and pavement being 1 foot higher, they have chosen a 6 inch gravel board that 'floats' my side and results in their soil and stones seeping under the fence, onto my narrow flower bed and over my patio.

I've shown it to them and their view is that it isn't an issue, because their side is ok. They haven't offered any solution, they said they 'were inside' when the fencer did the work so aren't accountable apparently. They used concrete posts and there isn't space on them for another gravel board.

Aibu to push them to reinstate the 1 foot gravel boards, level with my pavement? I'm very unhappy with the crap job that was done that continues to impact me - I shovel soil every week, which they deny being an issue, they say they will just backfill with soil 🤯

Legally the owner of the fence could remove it all together and replace it with a piece of string. To maintain a boundary you only need to mark it out.

If you didn’t contribute, you have no say as to what is put there. You could add your own fence on your side.

Was going to say that.

They do not have to put a fence in place at all.

HOWEVER... they do need to keep their soil in their garden, not just let it spill into yours. They need a retaining wall of some sort. If you have legal cover on the house insurance I would speak to them about how to get this resolved.

Please be aware that you cannot legally attach anything to a neighbours wall or fence.

In the deeds for the development it says there must be a fence.

I thought legally you have to retain your land? As the photo shows, their soil is up to a foot higher than mine, so without anything retaining it, it just washes over.

They do have to retain their land! You need legal advice.

Over time, the gravel boards might drop. It depends on how well tamped the contract was around the posts and how securely they are fixed. If I was your neighbour, I'd be more worried about the gravel boards cracking down the middle, and/or the fence posts shifting and leaning into your garden. I'm not clear how deep the post holes are on your side. If they are shallow, the weight of the soil behind placing the boards and posts under pressure is what might cause it to lean, or break.

They don't really have to do anything, and its really not worth falling out over. I would suggest you have some gravel boards skinned along your side, or build some retaining raised beds to stop the fall and not worry too much further.

On the legal questions, forget it. The issue is aesthetic. There is nothing unlawful in what's been done. My dad was a fencer, but that paid for me to go to law school. I'm a litigator and this is not worth you spending money on lawyers.

This is literally the only time my weird and unique combination of fencing and legal skills have come together in a single application! My advice is to make the best of it with an attractive raised flower bed and not to allow it to sour things with the neighbours too much. It won't do you much good to end up in a feud over it. And legal chat will lead to lasting resentments.

"However, where the wall has a retaining function the presumption is that responsibility for the maintenance generally lies with the owner of the property who derives benefit from the support. This is supported by section 11(5)(a) of the Party Wall etc. Act 1996 which states that the cost of repairing a party structure is defrayed according to ‘the use which the owners respectively make or may make of the structure or wall concerned’."

From: https://www.partywalladvice.com/2022/05/22/ownership-of-a-defective-retaining-wall/

@CadFinnk thanks, so basically make my side look better, say nothing and possibly the gravel boards may crack in the middle or posts may fall my way in a couple of years? It's not where the table and chairs are so unlikely to injure anyone. Doesn't sound like they'll get the 15+ years the previous fence lasted.

I agree the legal route sounds stressful, they've made clear they aren't interested in making good.

I'd do then the courtesy of letting them know that due to the issue you will be putting in a fence up at your side. Mention it will be a foot taller than theirs. Or throw the mud back over

I would use fix and foam under their boards and cut it off level with boards when dry and put a board on your side then plant.

Would planting boxes work ? Place several of them at the bottom of the fence on your side so that their soil stays on their side.

@OhcantthInkofaname sadly I don't think so. Here is a photo of the previous gravel boards with the flat flower bed. The previous gravel boards prevented soil, rain water etc from washing all over the patio. Now mud just drifts especially when it rains.

Sorry pic attached

Having a gap under the fence is MUCH better for wildlife to move from garden to garden. Hedgehogs in particular which are very much in decline due to modern garden practices (and slug repellents).
If you plant shrubs this would still allow movement.

Yeah I get its good for wildlife, but I'd rather the gap was further down. The gap where it is just causes mud on my patio.

I don't think it will become dangerous. I was study flagging that as the boards are floating, they are only pinned at the ends by the fence posts. They might crack in the middle if the weight behind becomes too much eg saturated soil. However, this is less likely if you build up your side as then the gravel boards become ground bearing and are pinned along the long edge too, with your boarder taking on a bit of the retaining function. TBH I never recommend panel fences to friends. They flop about after a few years of strong winds. Each post becomes a flexible hinge and each panel acts as an independent sale. You're better off with concrete posts and rebated timber rails run at 4.8 metres, with the start points staggered across three bays, so it alll interlocks and becomes rigid. Featherboards for screening. But I'm going to offer topic now...

Our back garden on one side looked exactly like this when we moved in 7/8yrs ago, complete with soil moving through. The dogs also liked to push their toys through. We just planted lots of shrubs and a couple of raised beds and it's managed the problem.

To reassure you, nothing has moved or shifted or cracked. Only maintenance now is throwing the dog toys back over if one happens to poke through.