Hello my name is ***** ***** I will help you with this.
I assume there is no evidence it may rot faster?
They are just making an assumption?
It is an old fence and no, there is no evidence it will rot any faster.
Then you don't have to put the garden back to how it was.
You can raise it to the top of the fence if you want.
So no, they can't make you put it back to the same level, there is no legal obligation.
If they had evidence that it was a result of the higher soil that it DID (not might) rot faster they may have some claim
But without any evidence they wouldn't have a claim
Can I clarify anything for you about this today please?
And would I have any obligation to pay for any repairs if they claim it has rotted quicker?
Potentially, but they would have to show it was a direct result and they could not claim new for old.
It would be like for like.
So a 10 year old panel with another 10 year old panel
That's very useful- thank you
Can I clarify anything else for you?