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Ground Height issue at Boundary following Development

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Hi all, I hope someone can advise with this - around 2 years ago, The bungalow whose Garden backs onto mine was cleared & 3 houses built. Due to the height of the road they were coming from, the ground level has been raised by 400mm, 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, & pretty much falling-down. Although cosmetically they weren't great prior to this, they were all sound.


I spoke to the head of the Building contractors who built the houses a few months back, & he advised they were told by the owner to leave the fence, even though their other 2 fences (either side) were replaced. I am preparing to approach the guy who developed the properties, to request that he pay for a retaining wall to be built, 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 hundreds of pounds. 


Can anyone advise where I stand legally, as I doubt the original land-owner will want to contribute, now that he's sold the house. I would rather know my position legally before I approach him. If it makes any odds, the original guy who bought & demolished the Bungalow, now owns one of the developed houses on the plot (but furthest from my house, of the 3.)


I'm preparing to obtain land-registry plans for the new property, to see what this says about the rear boundary. My plans show none of the usual marks to define who owns it. My place was built in 1994, the pre-existing bungalow was built in the 50's, & the new place around 2 years ago.


Thanks for any advice here.

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