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Boundary and potential problems because of different garden levels

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  • Boundary and potential problems because of different garden levels

    My front garden is about 45cms lower than the next door neighbours garden but where i have steps to another level, the height difference would be more like 2 metres. The boundary is a privet hedge planted on the edge of their garden. The neighbours - who moved in less than one year ago - intend to remove the hedge and replace with a fence.

    A gardener has advised me that if the hedge is removed or if the edge of the neighbours land is otherwise disturbed by digging, that part of the length of their garden will collapse into my garden. This could cause quite a lot of damage, particularly to a small patio and the steps

    I'm thinking I need to put this in a letter to the neighbour but how can I say I will hold them liable for any damage to my property that might occur as a result of their actions, without threatening them?
    Tags: None

  • #2
    Perhaps warn them of the potential consequences (in which event you would have to reserve your rights), and ask them to reconsider.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

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    • #3
      I think that something along the lines of the following might be useful. It puts the neighbour on notice of the forseeabiity of damage.
      >>>I note that you intend to remove the hedge & replace that with a fence. You are perfectly entitled to do so. However, it is my understanding that the roots of the hedge provide stability to the embankment. If, following the removal of the hedge, it turns out the embankment collapses and spills onto my land, that collapse could cause damage to my patio & steps. Have you given any thought to how the stability of the embankment is to be maintained aimed at preventing that collapse?
      <<<


      If collapse does occur and damage to your land results, you can therefore sue in tort -'private nuisance' or 'negligence'. or both and the defendant would have trouble running the defence that the collapse was not reasonably foreseeable.

      See: https://www.bailii.org/ew/cases/EWCA/Civ/1979/5.html

      Comment


      • #4
        Thats good, thank you.

        Actually my steps are close to the front of their bungalow so if the embankment should collapse, it might potentially damage their property.

        Comment

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