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    fence problem can I do anything legally?

    Hi

    My fence which is wooden goes along side a nature reserve on the right side of the house when I'm looking at facing the house from the front on the drive which is the local councils nature reserve the soil stones etc from the nature reserve is slowly pushing my fence towards the house making it lean and reducing my land at the side is there anything I can do? Rang the council someone from there parks department will be having a look but I can't see them holding there hands up any advice?

    Thanks

    14 Comments

    Are you on a beach as I dont understand otherwise without wind etc how this can be happening unless their stones and soil are as high as your fence?

    Sounds like the ground level is higher on the reserve side than your house or sloping down towards your property.

    If that is the case soil is always going to move downwards until it is forced to stop.

    Normally properties in this situation would have a retaining wall built at time of building house.

    If you have only a fence and soil is slipping from reserve side it would depend on whether anything has changed on opposite side. If its just the natural movement of soil you may need to stump up yourself.

    Hopefully council can help.

    Banned

    Ask them to pay for a concrete base for your fence?

    https://dccf75d8gej24.cloudfront.net/images/products/14/140617483/7FF48DE3-FD92-477F-B333-00B2B8980651-large.jpg
    Edited by: "YouDontWantToKnow" 23rd Nov 2016

    Original Poster

    Hi yes it is higher ground than my house, asking a cash strapped council who have recently changed my bins to every 2 weeks is hopeless I guess but worth a go any idea if I could try my legal cover on my house insurance policy?

    if its subsidence on their side surely they should be liable

    Similar issue with our council, we have been trying to get them to sort out their broken fencing since spring but they say they are not obliged by law to do anything (even though 8 panels have fallen down and left our back garden wide open to anyone to walk in). Also alonside our house they have 4 trees over 25 metres tall rubbing against our house... also since spring and they only last week managed to forward our complaint to the correct department after a stern remider each month! So now I have to wait for an inspector to come out and make a report.

    RabS1

    if its subsidence on their side surely they should be liable


    Its a tough one. If house is recent and land opposite has not been altered then its just natural movement which should have been taken into consideration and a retaining wall built.

    If on the other hand the house has been there years and the council have been gradually increasing level then that would be a different matter.

    If the ground is at 2 seperate levels how did this occur, thats the big question. If reserve side is untouched and soil has been excavated on house side to level off, then retaining soil from reserve is houses responsibility.
    If soil is slipping due to addition of soil or works on the reserve side then id say council is liable.
    Edited by: "callum84" 23rd Nov 2016

    Original Poster

    The soil is slipping from the reserve putting pressure on the fence the rain gradually makes it worse over time.

    Original Poster

    House and reserve are both roughly 20 years old

    marty-401

    Similar issue with our council, we have been trying to get them to sort … Similar issue with our council, we have been trying to get them to sort out their broken fencing since spring but they say they are not obliged by law to do anything (even though 8 panels have fallen down and left our back garden wide open to anyone to walk in). Also alonside our house they have 4 trees over 25 metres tall rubbing against our house... also since spring and they only last week managed to forward our complaint to the correct department after a stern remider each month! So now I have to wait for an inspector to come out and make a report.


    25 metre trees? oO

    chocci

    25 metre trees? oO


    Thats the information I was given by the highways department from the councils audit dated september 2015 but they tell me it's not their problem as they are on the housing departments land (they are higher than the highest point of our rough though so I would say nearer to 15 metres tall).

    marty-401

    Similar issue with our council, we have been trying to get them to sort … Similar issue with our council, we have been trying to get them to sort out their broken fencing since spring but they say they are not obliged by law to do anything (even though 8 panels have fallen down and left our back garden wide open to anyone to walk in). Also alonside our house they have 4 trees over 25 metres tall rubbing against our house... also since spring and they only last week managed to forward our complaint to the correct department after a stern remider each month! So now I have to wait for an inspector to come out and make a report.


    Unfortunately regarding the fence, they are right. Its only common courtesy that people maintain fencing between boundaries.Unless its stated in the deeds a neighbour could also take their fence down leaving nothing between you.You are entitled to build your own fence alongside the other.
    You should have some luck with the trees though.

    If they don't do anything then go out yourself and dig a small trench on there side to remove the soil

    callum84

    Its a tough one. If house is recent and land opposite has not been … Its a tough one. If house is recent and land opposite has not been altered then its just natural movement which should have been taken into consideration and a retaining wall built.If on the other hand the house has been there years and the council have been gradually increasing level then that would be a different matter.If the ground is at 2 seperate levels how did this occur, thats the big question. If reserve side is untouched and soil has been excavated on house side to level off, then retaining soil from reserve is houses responsibility.If soil is slipping due to addition of soil or works on the reserve side then id say council is liable.



    ​dont buy that, the council should rectify it, they would be quick to clamp down on you if it were other way round
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