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levelling my garden might affect next doors extension

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  • levelling my garden might affect next doors extension

    Hi all,
    I have a strip of garden which adjoins a neighbours single storey extension. This part of my garden had built up over the years as my house is an old house. My garden slopes up from my concrete path to meet the neighbours newish extension. I want to level it (it is quite a small section, measuring approx 10 feet wide from my path to the extension, and runs along the length of their extension. This is wasted land as I want to sit out there in the summer as it's quite shady, so by leveling it it would become usable. The slope isn't that sharp, probably 18 inches. Would I have to get permission from my neighbours as it might affect their foundations?
    Tags: None

  • #2
    If it might affect their foundations, why would they give permission?

    If you are seriously concerned about this, consult a structural engineer.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      If it might indeed affect their foundations, you do need their permission. Ask.

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      • #4
        It depends on whether they have the right to use your land as support for their building .I doubt that is the case as it’s a new extension . There land may have a right of lateral support but that’s natural land ,grass and earth not bricks and mortar.

        If It’s also only 18 inches it should not fall foul of the 3 meter rule under the PWA as the foundations should be dug to a depth taking account of the level of their land

        The bottom of their foundations you should find will be a lot deeper than 18 inches if it’s been built correctly
        Last edited by Ukmicky; 25th December 2022, 23:58:PM.

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