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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am having some landscaping work done in my garden which involves

Resolved Question:

I am having some landscaping work done in my garden which involves moving soil around to create new borders. The soil level has been raised in one area to be about 10cm higher than it was and so it is now above the bottom board of next door's fence. The neighbours are complaining that their fence may rot faster because of the higher level. Do they have legal grounds to complain and should I change the levels? I will try to discuss the whole issue with them amicably but would like to know the legalities before I start. Thank you
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I assume there is no evidence it may rot faster?

Alex Watts :

They are just making an assumption?

Customer:

It is an old fence and no, there is no evidence it will rot any faster.

Alex Watts :

Then you don't have to put the garden back to how it was.

Alex Watts :

You can raise it to the top of the fence if you want.

Alex Watts :

So no, they can't make you put it back to the same level, there is no legal obligation.

Alex Watts :

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

Alex Watts :

But without any evidence they wouldn't have a claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

And would I have any obligation to pay for any repairs if they claim it has rotted quicker?

Alex Watts :

Potentially, but they would have to show it was a direct result and they could not claim new for old.

Alex Watts :

It would be like for like.

Alex Watts :

So a 10 year old panel with another 10 year old panel

Customer:

That's very useful- thank you

Alex Watts :

Can I clarify anything else for you?

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