Height of wall

No.

Up to you to put a fence on your side,I'm afraid.

 

You got no rights to cut the coping stones, that would be criminal damage,& you'll find yourself up before the beak, you can ask your neighbour to move them,& he can tell you to get stuffed, neighbour should have approached you before laying copings.

How much do they overhang into your garden, usually it's only a couple of inches at most.

 

You will need specialist advice about this, the fact they have built the wall does make them responsible for your safety due to their wall (duty of care), if their wall is a trip hazard and the drop is more than a certain height they would have to make it safe.
If it was a natural bank it would be different, but putting the wall up they have now taken on the responsibility. (easement)

But its very complicated hence the need for specialist advice.

 

Can't see how a 2' wall retaining come boundary wall can be a trip hazard.

 

It might not be and it may well be ok, but its a minefield in terms of law.

I built a similar wall that was over 10' high on one side and about 18" the other, in that case we had to (or our customer did) supply and fit a fence on the neighbour's side for safety reasons.

 

Approach your neighbour, tell him of your fears.
Ask, can you put a fence on top of his wall?
Can you put more bricks on his wall maybe another 2 feet? (obviously using same materials)
If no, then erect your own fence on your side of his wall.
But always mention to neighbour what you intend to do. Helps keep neighbors happy.

Lastly, is the fence he has erected in the right position? i,e center??

 

Can you post a photo?

 

Ooooooppppppsssssssss wrong way around.

 

Thats is not a wall it's......'ART'

 

The wall is there to stop someone falling down 4ft, so I would say it needs to be 1100mm high, which is standard handrail height

 

You said post a photo. I photoed a post.

But you're right it is ART.,

 

Well technically it's there to retain the ground so it's classed as a retaining wall that's also a boundary wall. But as a retaining wall it comes with certain rules, Duty of Care etc.

 

Hes gone right to the wire, with that one!!

 

Regardless of what its doing someone could easily fall over it, so therefore I would say it needs to be 1100mm to meet rospa.
Any height over 600mm needs handrail of 1100mm

 

But will the child be able to reach the hand rail.

 

Hi Luan.

As Phil says above, this could be very complicated if it came to 'legalities'. You chust don't want to go there.

Your neighb built a wall that he reckons is the correct height for 'his' side - he might not have considered any safety implications for your side, so if your child climbs on it and falls off the neighb's side, your neighb could well be horrified and not have realised the possible risk.

You could try and 'put him on notice' in writing that you consider the height to be a hazard, but - really - is that his responsibility? Ie - is it his responsibility more than yours as the kid's dad?!

And, by telling your neighb of your concerns, you are equally making it clear that YOU are also aware of the risks. So if your kid climbs up and falls off, who is 'responsible'? Well, surely you both are since you both know the risks... But, more you as the adult in charge.

And, what if your neighb hadn't put up a wall at all - after all, there is NO obligation on anyone to put up a boundary wall! Your kid falls down a slope into your neighb's garden, and walks off out their open garden gate on to the road. Who is to 'responsible' for this? Well, surely that's you - 'cos your garden isn't secure.

How to sort? Well, the neighb shouldn't have encroached over your boundary - full stop. But you cannot - legally - simply take it upon yourself to cut or break up the overhanging coping stones as mentioned above - you'd need to do this via the law. For most people this wouldn't be worth it - too much cost and hassle. So, first question - do you have Legal Protection as part of your household insurance? If yes, then call up their helpline for advice. If no, you are stuffed.

If 'yes', then you could - in theory at least - 'force' them to remove/cut back these coping stones. But don't expect to ever speak to your neighbs again if you go this route (unless they are reasonably reasonable...).

Ok, what do you reasonably expect your neighb to do now about this when you first approach them about it?

1) They go "Soz" and immediately remove the coping stones and build up the wall another 2 feet? I'd say, not a chance.

2) They agree to cut back the coping stone overlap on your side? Well, I would personally say they should do this, because they are clearly wrong on this count (IF that stone is genuinely overhanging your side.). But, will they? Depends on how reasonable they are (and if they didn't discuss this wall with you first, then not totally.)

3) That's about it.

So, what options do you have?

1) Approach the neighbs to discuss - but don't expect them to sort out what is effectively your safety issue.

2) Depending on what they agree (eg raise wall(!) or cut back coping stones (possibly)), then what? You still need to raise a higher wall on your side.

I reckon the most you'll get out of your neighbs is that they cut back the coping stones. Once they do that, then bury some fence posts tight against that wall and add a couple of feet of nice fencing to sit above their wall line - but obviously not over their boundary line. Jobbie jobbed.

If they refuse to cut back the coping stone, and if you don't have LP to force them to, then simply bury your posts as before - to touch the coping stone edge (so a couple of inches inside your boundary) - and then fit your fencing on the neighb's side of these posts if you prefer so that the fence is now effectively going up over the coping stone overlap (but don't go too far). Ie, you have 'reclaimed' your land!

If 2" is that important to you.


Obviously, be calm and reasonable when making this initial approach to your neighb. Have a witness with you, one that can be as impartial as possible.