Earth bank not stable - backs onto council tennis court.

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Across the back end of my sons flat garden there is a 5ft earth bank drop leading onto a mud path and tennis courts. The earth bank has become soft at the top and will not hold a boundary fence, so we had a strong fence 4" posts 3ft deep built about 18" inside the boundary.

The council have confirmed that it is their bank, and are telling us we need to have an Engineering Structural survey done, before they do anything.

The house was built 1929 and always had a flat garden, as can be seen with the original concrete garden path which runs down the side.
Surely its the Councils responsibility to ensure that their bank is stable and maintained, but i cant find any requirements to quote at them - Any help please.
 
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Google "right of support"

In common law a land owner should ensure that he provides ( or does not remove ) support for land belonging to his immediate neighbours.
 
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Maybe its the council that need an "Engineering Structural survey" done.
After all if it is beyond your land then it's their land that needs the remedial works.
 
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Thanks for the advice, unfortunately the council are inferring that the fence we constructed is too heavy for the the type of ground and its support. I have been arguing that it is our right to a fence, and that a light panel fence did not survive a year before the posts loosened and the fence fell apart.
 
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