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I think our neighbour has rendered our garden unusable.

8 replies

miniwedge · 27/02/2011 10:50

We are detached but not much room in between the houses, enough for a narrow side alley.
We live in a row of 8 houses at the higher end of a very gradual

The gardens were designed so that the slope would allow natural drainage to a degree, we all have a small patio and then grass/flowerbeds etc.

Neighbour started building works last year, has a full height brick wall "conservatory" which is actually an extension and have extended out the patio across about half of their garden. As the gardens are staggered that equates to about 3/4 of our garden.

They dug out our fence posts when they did the patio, the fence now wobbles and leans. It was brand new, ie a few days old when they did that. The first we knew was when we got home from work that evening.

They poured concrete for the foundations for the patio instead of using the loose stuff first.

Our garden is now completely waterlogged. If you walk on it the water splashes up. We can't cut the grass and it is dying anyway. Has all gone yellow.

Also, they blocked the drain for the rainwater gutter. It now overflows every time it rains and runs under the fence into our garden.

Neighbour is completely unapproachable, frequently tells our other neighbours that we are a noise nuisance (we're not I promise) and is generally unpleasant.

Have any of you any idea where we can go from here to get a resolution?
Am at the end of my tether, we couldn't use the garden all last summer because of the dust, noise etc from the building works, looks like we arecstuffed this year as well and we were looking to sell this summer.

OP posts:
linspins · 27/02/2011 11:24

Poor you! That's awful, and it's also unpleasant having mean neighbours anyway.
I have a feeling if you go for neighbour mediation, or down the route of solicitor letters, you then have to declare it when you sell which might put people off. Is there any way of making the garden 'sellable' - , digging a drainage ditch or planting bog plants so it looks ok when you put the house up for sale?
I can't believe they ruined your brand new fence. Sad Angry
Hopefully others can offer some suggestions too.

lalalonglegs · 27/02/2011 11:29

I think the only way to go if the neighbour won't talk is solicitor's letters. Presumably, they should have had a party wall award in order for the building work to take place (it sounds as if they have gone up to the boundary) so that would be a good place to start.

Your garden will probably affect your house's saleability anyway so I wouldn't worry about having to declare a dispute as well. I'm pretty sure there is case law on discharging all the run off onto neighbouring land. Take legal advice

fangbanger · 27/02/2011 11:29

are they not in breach of building regs if they have blocked the drain?

LoveBeingAKnockedUp · 27/02/2011 11:30

Depends how far you want to go, have you thought about checking with your local planning dept to see if he has broken and rules/laws?

welshdeb · 27/02/2011 11:56

It's illegal to discharge water onto your neighbours land ( i know this ad my parent's neighbour changed the guttering on his garage so the water washed onto my parents garden but he had to change it back) and I suspect some of the other things are wrong or against building regs.
It is irrelevant if you and your family is noisy and I suspect he is a bully.
I dont know enough to give you detailed advice but take a look on a website called garden law not sure of URL but google it, they have a forum for things like this. Also the neighbours from hell website might be good.

Fizzylemonade · 27/02/2011 13:25

If you want to sell then I would suggest talking to a builder/landscape gardener to address the drainage issue.

You do NOT want to start any solicitor's letters to your neighbour.

Gardenlaw.co.uk forums are answered by very informed people including retired planning officers and solicitors. Because you are hoping to move I would not approach the neighbours. You would have to declare any disputes and any contact you have had with the council too. And in this market you do not want to devalue your property.

kangers · 27/02/2011 13:34

agree 100% with fizzylemonade- no solicitors.
You say neighbour is unappoachable but have you tried to approach?
Write down all concerns and try and discuss.
The drainpipe probably should be fixed.
Other water running to your land is due to lay of land.
You may have to dig a trench and put in drainage material to reduce waterlogging on garden- quite deep and with piping and gravel to take water away and deeper.
Fence- sounds very annoying- did they move your posts or just disturb the post foundations- again- this a problem with boundaries. How bad is wobble?
Be reasonable- even if they are not- don't lose tempers- go with dh/dp.
Otherwise it'll cost you a lot more and if there's a dispute you may have to declare if trying to sell.

OhYouBadBadKitten · 27/02/2011 20:16

I would phone the local council and ask to speak to building control. Don't go all accusatory just state you think there may be an issue caused by your neighbours extension and please could they go and check.

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