3 years ago, The bungalow whose Back Garden backs onto my Back Garden was cleared & 3 houses built in place of it. Due to the height of the road they were accessed from, the ground level has been raised by 400mm, with soil up against the other side of the back-garden Fence. The fence was pre-existing, & not replaced during development. The fence & posts are now all badly rotten, & have failed completely. Prior to this, they were all sound.
I spoke to the owner of the Building contractor who built the houses, & he advised they were told to leave the fence by the developer/land owner, even though the other 2 fences (either side) were replaced. I have approached the guy who developed the properties, to request that he pay for a retaining wall, as I have been told that a fence & gravel-boards will not hold the earth back on the rear neighbours' side, & this is going to cost a few thousand pounds. (quotes obtained by landscapers)
Can anyone advise where I stand legally, as the developer has said he doesn't accept responsibility, now that he's sold the house. (sold in late 2016). I would like to know my legal position here.
I have obtained land-registry plans for the new property, & there is a strip at the end of his Garden (between his & mine) of 1-1.5m, which he doesn't own. This has been confirmed by the Architect, & the owner of the building company who built the houses. Both our plans say nothing to define who owns the boundary, no markers at all. My place was built in 1994, the pre-existing bungalow was built in the 50's, & the new places were finished in 2016.
I have prepared a letter to send, which details the fact that the rotting of the fence was caused by the earth piled up against the other side of it, & that a retaining wall is now required. The letter will provide him a period of time to provide a solution to this issue.
I also tried to locate the topography for the site, however (curiously) it was never added to the planning portal of my local gov. website. I requested this from the Architects, who refused to provide it.
I'm aware that the statute of Limitations for negligence, under the law of tort, provides a 6-year period, which we are well within.
If anybody can give any advice here, I'm researching MCOL & the small-claims route in the county court, if no compromise can be found.
they have 28 days to do something.
keep us informed
don't do anything else no matter what UNTIL you check here with us FIRST.
and WELL DONE!!
I love bashing dca's but only by the tools they try to bash us with....
I'm quite sure that is the right answer. However, don't point out any discrepancies in your calculations. Make it a simple letter referring to theirs of the XXX date and saying that you accept their settlement offer. Your bank details are XXX bank code and XXX account number. As soon as the transfer of funds is confirmed you will notify the court that you are withdrawing the claim. However please note that the deadline for paying the hearing fee is XXX date and you will go ahead and pay it if the transfer has not been received.