Wow, there's clearly no love lost there, they didn't even give you the good side! Which is a negative for the neighbours (and you) as any serious maintenance (e.g. to the support/arris rails) will need to be carried out from your side, which would be annoying.
I'm not entirely sure what the other poster was saying about it being a rough job, it looks tidy enough to me. Any prep to the sub grade (old footings) isn't necessarily in the fencers remit unless they're paid for the preparation which wouldn't be straightforward in this case as it supports the deck.
I'd actually question the height. Just because they've installed a raised deck does that mean they can then stick a 2m fence on top of that structure? The deck could easily be 150-300mm above the sub grade there as evidenced by the gaps.
If that's legal than when i replace my decking next year i'm going to slap a 2m fence on top and block the development next door...
Edit - The fact they didn't talk to you about this has made me lose a little more faith in humanity. What a bunch of sociopaths.
The problem is that actually, if that was their fence, legally you aren't entitled to grow anything up 'your' side of it without their permission ... and the same will go for the new fence.
When we moved here the fence between us and our southern neighbours was covered with ivy which had wormed it's way between the boards and destroyed the integrity of the fence. Because the last owner of this property had not trimmed the ivy it was overgrown and top-heavy, and within a few days of us moving in a heavy summer storm had brought down most of the fence due to the weight of the water in the foliage, and the strong wind. Our neighbours were very understanding and put up new fencing ... over a cup of tea we got to know them and they agreed that we could put up trellis and/or wires to grow roses, honeysuckle and clematis etc on our side of their fence ... we agreed not to let ivy grow up it. We've stuck to that and everyone is happy.
Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.
I agree @McRazz. Some people are truly ignorant and thoughtless, and I'm being polite there. My former partner and I once rented out a house, and the neighbour built a raised deck from the rear of the property, quite a bit out into the garden. Their property was already at a slightly higher level. They put those glass balustrades round it, which were completely visible from our patio, and the whole thing just dominated the space at the back of ours. Anyone using their deck would have had a prime view, unless they were at the other end. I think there's new legislation about all of these things- certainly up here, but I wonder how many folk just build stuff and then claim ignorance. The heights of fences as you describe, is one of those situations.
It's a place where beautiful isn't enough of a word....
I live in west central Scotland - not where that photo is...
As far as I know, the fence height is measured from the ground level, not from any structure/decking etc.
I doubt the neighbours have any idea what it looks like from your side so you could perhaps invite them to see for themselves and/or show them your photos. However I get the impression that you don't get on so you might just have to put up with it. The simplest solution would be to slide some wooden boards along the gaps, you might be able get hold of some second hand boards locally (or even plastic ones) and secure them in place with wooden pegs knocked into the ground. In the spring you can then plant in front to hide the gravel boards etc.
As to your higher ground and the gap there, I believe I read somewhere that it is the responsibility of the higher ground owner not to let his soil slip over onto the lower ground which makes sense when you think about it so again you would have to fill in the gap.
Probably not what you wanted to hear. I'm so sorry you have this problem in the first place.
It sounds as if your neighbours are unapproachable and unlikely to be helpful if you try to exercise your diplomatic skills on them! Well, at least you can't see them now! It's a real shame as that replacement fence with concrete posts and gravel boards is not pleasing to the eye. I'd be inclined to follow @Lizzie27's advice and block up the gaps on your side as best as possible. Then, if your budget allows, I'd consider constructing an attractive raised bed alongside the fence to hide the most unattractive lower section and then grow a selection of your favourite plants to conceal the rest of the fence as quickly as possible. There'll be plenty of help available here if you want some suggestions for plants!
I would construct a raised bed and put up posts and sturdy trellis within your side of the boundary for your plants to grow on. That way there can be no infringement of their space or damage to their fence by your plants.
If that means they can't maintain your side of their fence that'll be their probem to sort out.
Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.
I've been out and reassessed the situation. I'm willing to let any damage go but the gaping holes under the gravel board is unacceptable. Next door have gone along and slipped some perspex down to cover some gaps, which to me, means they acknowledge some problems. I dont understand how the company can leave these gaps in my garden without a word on how I can fix it. I'm now going to have to make raised beds all along, I've no idea how much money this will cost me! Money is tight!
I continue to have sympathy for your predicament, but the unvarnished, rather legalistic response to the above is:
If they had damaged plants on your side of the boundary that’s about the only area where you are entitled to redress and only if those plants were not encroaching over their boundary or climbing on their fence. Another may be if the fence is higher than the 2m permitted measured from their ground level if you find that objectionable.
Although what they have done is understandably unacceptable to you, they or their contractor have no obligation to fill the gaps or tell you how to fix it, since the fence and gaps are wholly within their property. So I’m afraid it is down to you to improve your side. At least it’s a sturdy fence and gives you decent privacy. They could have just erected a 3ft open post and rail fence which would have been really exposing and far worse.
I believe @Lizzie27 is correct that it’s the owner of the higher land that is obliged to retain the soil.
Personally, I don’t think there is a need to go to the expense of raised beds, only to retain the soil on your side and improve the aesthetic if you wish by, for example, erecting boards on your side to bridge the gaps. It will all weather down and look less ugly in time and new plants will eventually detract from it. Bear in mind you cannot legally affix anything or drill into their posts or boards without permission (one wrong can’t be fixed by another) so you may have to knock in your own posts or pegs to attach the boards on your side.
That does not address your very understandable feelings. If they are open to negotiation you can always say that while you are upset by not consulting you and the damage to your side, you are willing to forgive that if they would pay for or at least go 50/50 on the cost of filling in the gaps your side. They don’t have to agree, but a bit of give and take on both sides would be the ideal outcome.
Mountainous Northern Catalunya, Spain. Hot summers, cold winters.
Posts
I'm not entirely sure what the other poster was saying about it being a rough job, it looks tidy enough to me. Any prep to the sub grade (old footings) isn't necessarily in the fencers remit unless they're paid for the preparation which wouldn't be straightforward in this case as it supports the deck.
I'd actually question the height. Just because they've installed a raised deck does that mean they can then stick a 2m fence on top of that structure? The deck could easily be 150-300mm above the sub grade there as evidenced by the gaps.
If that's legal than when i replace my decking next year i'm going to slap a 2m fence on top and block the development next door...
Edit - The fact they didn't talk to you about this has made me lose a little more faith in humanity. What a bunch of sociopaths.
When we moved here the fence between us and our southern neighbours was covered with ivy which had wormed it's way between the boards and destroyed the integrity of the fence. Because the last owner of this property had not trimmed the ivy it was overgrown and top-heavy, and within a few days of us moving in a heavy summer storm had brought down most of the fence due to the weight of the water in the foliage, and the strong wind. Our neighbours were very understanding and put up new fencing ... over a cup of tea we got to know them and they agreed that we could put up trellis and/or wires to grow roses, honeysuckle and clematis etc on our side of their fence ... we agreed not to let ivy grow up it. We've stuck to that and everyone is happy.
Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.
My former partner and I once rented out a house, and the neighbour built a raised deck from the rear of the property, quite a bit out into the garden. Their property was already at a slightly higher level. They put those glass balustrades round it, which were completely visible from our patio, and the whole thing just dominated the space at the back of ours. Anyone using their deck would have had a prime view, unless they were at the other end.
I think there's new legislation about all of these things- certainly up here, but I wonder how many folk just build stuff and then claim ignorance. The heights of fences as you describe, is one of those situations.
I live in west central Scotland - not where that photo is...
structure/decking etc.
I doubt the neighbours have any idea what it looks like from your side so you could perhaps invite them to see for themselves and/or show them your photos. However I get the impression that you don't get on so you might just have to put up with it.
The simplest solution would be to slide some wooden boards along the gaps, you might be able get hold of some second hand boards locally (or even plastic ones) and secure them in place with wooden pegs knocked into the ground. In the spring you can then plant in front to hide the gravel boards etc.
As to your higher ground and the gap there, I believe I read somewhere that it is the responsibility of the higher ground owner not to let his soil slip over onto the lower ground which makes sense when you think about it so again you would have to fill in the gap.
Probably not what you wanted to hear. I'm so sorry you have this problem in the first place.
If that means they can't maintain your side of their fence that'll be their probem to sort out.
Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.
Although what they have done is understandably unacceptable to you, they or their contractor have no obligation to fill the gaps or tell you how to fix it, since the fence and gaps are wholly within their property. So I’m afraid it is down to you to improve your side. At least it’s a sturdy fence and gives you decent privacy. They could have just erected a 3ft open post and rail fence which would have been really exposing and far worse.
I believe @Lizzie27 is correct that it’s the owner of the higher land that is obliged to retain the soil.
Personally, I don’t think there is a need to go to the expense of raised beds, only to retain the soil on your side and improve the aesthetic if you wish by, for example, erecting boards on your side to bridge the gaps. It will all weather down and look less ugly in time and new plants will eventually detract from it. Bear in mind you cannot legally affix anything or drill into their posts or boards without permission (one wrong can’t be fixed by another) so you may have to knock in your own posts or pegs to attach the boards on your side.
That does not address your very understandable feelings. If they are open to negotiation you can always say that while you are upset by not consulting you and the damage to your side, you are willing to forgive that if they would pay for or at least go 50/50 on the cost of filling in the gaps your side. They don’t have to agree, but a bit of give and take on both sides would be the ideal outcome.