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Gardening

Neighbour’s improvements and effect on my garden.

(28 Posts)
Nandalot Mon 07-Jun-21 21:49:19

My neighbour’s garden like mine is on two levels and we are bordered by a dyke. His lower level is a bit lower than mine and has in recent years been prone to flooding and apparently never really dries out. My lower level has never been flooded by the dyke. However, to counteract the flooding they have had hundreds in tons of soil laid. Their land is about three feet higher than ours now. They intend to put concrete gravel board to retain the soil. At first, I was okay with what they intended doing as I was so sorry for them. He had downplayed or I had misunderstood how much higher it would be. I am upset because although he said there would be two gravel boards and I think three will be needed and then they are putting a six foot fence on top to protect our privacy. They have been very open about their plans and keep reiterating if we are unhappy about anything to tell them.
I am so worried our lower garden will now be flooded when the dyke rises .
I also wonder that the higher level might mean that the water will drain/ seep into our side and make our ground boggy.
Finally, our ‘dell’ , as I call it, is more of a wild area and I think the gravel boards and the fence will not be such a sympathetic backdrop especially as it will be at least 8 feet high on our side.
Sorry, I know there are no real answers and we shall have to live with it but I just needed to vent!

Nannytopsy Mon 07-Jun-21 23:15:57

I would contact your local planning department for advice. I think there is a limit to the height that a fence can be erected without planning permission. They would be able to advise on what may happen re flooding too. Tell your neighbour that 6’ + 3’ of gravel board is too high on your side. A 3’ fence would be more than enough.

CafeAuLait Mon 07-Jun-21 23:37:44

I would check with the council. Just wanted to say that you do have a right to have some say in what is done. If you don't like the gravel boards, you can negotiate an alternative with the neighbour that is acceptable to both of you. Has your neighbour consulted the council about the works he is doing? They don't have the right to do just anything that suits them without impact assessments, or whatever happens in your local area.

welbeck Tue 08-Jun-21 02:52:37

i don't understand the first response.
a three foot fence in a rear garden gives no privacy at all.
most are 6 foot 6.
as for the possible run-off complications, i think it might need a proper survey. there could be some detriment to you.
what are the local laws there.
or if it is a private matter, you may need a specialist lawyer.
i don't think you can do anything about the look of their fence. except grow something wild near it to mask.

CafeAuLait Tue 08-Jun-21 03:34:22

"i don't think you can do anything about the look of their fence. except grow something wild near it to mask."

That would depend on whether it is on a boundary. If building a boundary fence, in most places the neighbours need to agree on the fence, the price, the look, and then split the cost. If it's on his own property then it's all his choice. However if it blocks light, causes other issues or is a boundary fence, there are probably other rules in play.

seacliff Tue 08-Jun-21 06:13:50

If your land is now lower than his, the water may now drain into yours, like a sump. Previously it happened to him. I wonder if you could talk to the council Building regs dept for advice. I think you should tell him you're concerned.

Jaxjacky Tue 08-Jun-21 06:54:33

I’d discuss your concerns with your neighbour, they’ve been very open, have they had an engineer assess the drainage implications and what about insurances on both sides? Check with your council’s planning if this is permitted development and mention potential flooding. Good luck.

M0nica Tue 08-Jun-21 07:56:18

If the area is prone flooding, the Environment Agency may not be happy about what is happening. I would certainly speak to your local councillor and local planning department.

If you can afford it get a surveyor in. The work your neighbour is doing could threaten the structural stability of your house.

Sarnia Tue 08-Jun-21 08:08:18

As previous posters have suggested, get in touch with your local council and ask their advice. Also the services of a land surveyor to assess the effect your neighbours huge alterations will have on your home and garden. It doesn't sound to me as if your neighbour has been totally honest about the work he is doing and hopes that you will, as you say yourself have to live with it. Well, you don't.

Grammaretto Tue 08-Jun-21 08:33:31

Wise advice about speaking to the council. It sounds like a project which began as a perfectly logical solution to a local flooding fear into something which could cause you, and any successors to your property, a big headache.
I am in the midst of an ongoing neighbour dispute? also caused by water.
This has gone on for several years now and has involved their housing estate lawyers/factors*, the council and so far inefficient, drainage engineers.

I asked a friend who is an ecologist to help me and he is now my unofficial "Factor" helping to reroute the water and is dealing with all the officialdom.

I wish you all the best.
*A Factor is the Scottish equivalent of a Property Manager.

Nandalot Tue 08-Jun-21 10:18:38

I have spoken to my neighbour and his contractor and expressed my concerns about drainage and the effect the raising of his garden might have on ours. He has been very understanding and the result is they are going to raise part of ours ( our edge near the dyke is about the level they have raised theirs to) so that we are just about level with theirs. They will then put everything back and relandscape it to restore our seating area. They will rescue our plants and take the turf off carefully before replacing as it is full of snowdrops in the spring.
I don’t think we could have hoped for a better outcome.
By the way, in case any of you are in this position, you need planning permission to raise your ground level by more than 30 cm. My neighbour was unaware of this and seemed a bit shocked when I told him as he hadn’t applied for it.
I will lose half the depth of the stepped rockery but I think that will actually mean less work for me!

Nandalot Tue 08-Jun-21 10:21:03

Sorry to hear about your neighbour dispute, Grammateto, I hope you manage to get a satisfactory solution soon.
Thanks for all the other helpful advice, I just needed to let off a bit of steam last night.

CafeAuLait Tue 08-Jun-21 12:34:07

Your neighbour is being very accomodating but I would still speak to council. If you try to sell later and the work hasn't got the necessary permits, it could affect a potential sale. Almost level still allows room for run off if you're a bit below. It might all be fine but I myself would still check with council for my own protection.

cornishpatsy Tue 08-Jun-21 12:40:28

I would not speak to the council, it could cause unpleasantness with neighbours that you have to live next door to.

They sound very nice keeping you up to date with what they are doing and telling you to say if you are unhappy.

Speak to them as you are unhappy, do take into account their problems though, they are entitled to a nice garden too.

CafeAuLait Tue 08-Jun-21 12:53:22

I once made an offer on a house then did not go ahead with the sale when I discovered that work much more minor than this had happened without permits. I wanted to avoid future issues for myself that could arise from those works not having been permitted. Then again, I tend to be be a stickler for rules so it might not have bothered someone else.

Kamiso Tue 08-Jun-21 13:01:41

Be careful not to do anything that could cause a dispute. If and when you come to sell you have to declare any problems that have occurred and it might put buyers off.

M0nica Tue 08-Jun-21 14:03:02

cornishpasty if having a nice garden means causing major problems for a neighbour, no they are not. especially if their 'nice garden' could cause major flooding in her garden and could leave her house structurally unstable.

Nandalot Tue 08-Jun-21 15:06:45

I don’t think even if we flooded it would affect the structure of the house. As I said, it is the lower part of our garden which we go down to via some steps. and any flooding would be limited to there, but I am hoping that even that will not occur.
I think our land will still be slightly lower than his at the fence edge but then rises towards the dyke. They have been so accommodating that I think we shall just have to agree on this and hopefully we shall both end up with two lovely gardens!

welbeck Tue 08-Jun-21 15:24:24

but do they or their contractors actually know what they are doing and the full implications.
i would want a survey done.

Nandalot Tue 08-Jun-21 15:53:25

I think so. The lady managing it is a farmer. They have put in a couple of French drains on neighbour’s side.

Grammaretto Tue 08-Jun-21 17:14:59

I wish I had your lovely neighbour Nandalot
The particular one who complains is a proper Mr Angry and he doesn't live in the house - he lets it out. He has concreted his garden and there is nothing green in it.
I am very grateful that my friend is now dealing with him and the water problem.

Americanpie Tue 08-Jun-21 17:19:55

Get onto your council ASAP please. This has happened to us and we've already spent £2.5k on drainage and the continuing works are making it worse.

Sarnia Wed 09-Jun-21 08:23:12

Nandalot

I don’t think even if we flooded it would affect the structure of the house. As I said, it is the lower part of our garden which we go down to via some steps. and any flooding would be limited to there, but I am hoping that even that will not occur.
I think our land will still be slightly lower than his at the fence edge but then rises towards the dyke. They have been so accommodating that I think we shall just have to agree on this and hopefully we shall both end up with two lovely gardens!

I hope you are right and all ends well. However, your neighbour will be accommodating because he has gone ahead without the necessary approval from the council, so you could make life difficult for him. I sincerely hope you don't have any repercussions from his groundwork but if I were you I would be keeping a close eye on things.

CafeAuLait Wed 09-Jun-21 08:29:24

Sarnia

Nandalot

I don’t think even if we flooded it would affect the structure of the house. As I said, it is the lower part of our garden which we go down to via some steps. and any flooding would be limited to there, but I am hoping that even that will not occur.
I think our land will still be slightly lower than his at the fence edge but then rises towards the dyke. They have been so accommodating that I think we shall just have to agree on this and hopefully we shall both end up with two lovely gardens!

I hope you are right and all ends well. However, your neighbour will be accommodating because he has gone ahead without the necessary approval from the council, so you could make life difficult for him. I sincerely hope you don't have any repercussions from his groundwork but if I were you I would be keeping a close eye on things.

This. Also, is there any chance your raised garden could create any issues for any of the next neighbours along? They might not be so happy and more ready to take action if they suffer adverse consequences, like run off from your property. Then both you and/or your neighbour that started all this could be liable.

Nandalot Wed 09-Jun-21 10:57:57

Cafe au lait, fortunately , we have no neighbours the other side as we are bordered by a field! However, I don’t think we will be in that happy position for long because I believe there are moves afoot to develop. The local council want to move our cul de sac out of the conservation area and I feel this is a precursor to allowing development. Still we have fought them off for 35 years so I suppose we have been lucky. However, with new laxer planning laws I think it will be allowed this time. But that is another story.