Building a retaining wall near neighbours garage

[flangalina]

Hi Hope someone can advise on this - we have a very uneven garden and there is a about a 3 foot gap between the existing retaining wall and our neighbours garage and this gap goes the whole width of the garage (Our neighbour's garage has it's side and back in our garden) which we could make use of. We decided to build a new retaining wall approx 25mm away from their garage so we can fill in between the 2 retaining walls and largen our grass area. We have put a polystyrene board and plastic sheeting in the 25mm gap to stop any waterproofing probs and anything falling in the small gap between the new wall and their garage wall eg. leaves soil etc. We are also going to waterproof the concrete blocks before the gap is filled in so it gives more protection and keeps the wall strong. The wall is only approx 3 foot high to their garage. They don't seem very happy about it!!! We have invited them to come round and showed them what we have started and what we are doing. Can they object to it and have us remove the wall or move it further away from their garage wall?

 

[freddiemercurystwin]

To what are they objecting exactly? Lawfully you should not touch their wall.

 

[Geometer]

Does the old wall mark the boundary between your two properties (as would usually be the case with a retaining wall)? If it does, then you have no right to extend your garden beyond it, and the answer to this question:

Can they object to it and have us remove the wall or move it further away from their garage wall?

is probably "yes".

If it doesn't, then where is the boundary, and who owns the land the garage is built on?

 

[flangalina]

HI Thanks for the replies - the ground which we are going to fill and lawn over to extend our garden is our property, it is in our garden and we have our boundary fence up to their garage. At the moment this 3 foot gap has steps going down into it and is not used for anything. We haven't touched their garage at all. We have left an inch gap between their garage and the new wall - the only thing that will touch their garage is the waterproofing sheet and polystyrene board to keep out rubbish. The wall is 9 inches thick.. The neighbours are not too sure what they are unhappy about as he said himself he wasn't too sure on building reg etc. He was worried that it may collapse under weight of soil but we are not removing the existing wall, which is already holding up our garden. We are keeping this so the only weight this wall will hold is the new part that will be filled in. I think they are going to complain to council as they didnt look happy when we invited them round to see it. Are we in the right? We own the land up to the garage. Thanks

 

[Geometer]

HI Thanks for the replies - the ground which we are going to fill and lawn over to extend our garden is our property, it is in our garden and we have our boundary fence up to their garage. We own the land up to the garage. Thanks

Fair enough, it's an unusual situation but I'll take your word for it.

Two things occur to me:
1.There may be something in your, or your neighbours', deeds that says the clearance between garage and wall is required for maintenance. You can check this by downloading both sets of deeds from the Land Registry website for a small fee. http://www.land-reg.co.uk/landregistry.aspx
2. What provision are you making for drainage of this new area of reclaimed land?

As this topic is more about legalities than practicalities, and has the potential to become a dispute between neighbours, I strongly recommend you log into this site and post a query there: http://www.gardenlaw.co.uk/phpBB2/index.php

 

[flangalina]

Hi We are putting back up the existing guttering around the garage as that is all in our garden and we putting drainage holes in the concrete blocks so the weight doesnt build up behind it. Do you have any other suggestions that may be better? Thanks

 

[coliholic]

I don't quite see what they're complaining about. If I understand this correctly, at the moment you have a retaining wall three feet from their garage and are planning to build a new retaining wall just an inch or so from their garage and fill in between your two walls with soil to enlarge your garden. Is that right?

If so they've no complaint. The new wall's not touching their property and there's no possibility of damp from your soil leaching through their wall so I really don't see they have anything to complain about. A bit different if you were planning to just pile soil up against their wall, but you're not are you? There's going to be a gap between your new wall and their garage wall so nothing to complain about.

Just go ahead and do it.

 

[UKMICKY]

You can build a 3 ft boundary wall in your back garden without planning permision under permited development rights.

You can build you wall as close as one nanometer or even a planks length away the smallest measurement possible and they cant do anything.