Keeping gardens in place

[theprinceofdarkness]

The ground level slopes along my road. This means that my flat garden is higher then my neighbours. Now he has a tatty fence on his side of this step which is keeping my garden soil in place.
So should I have an earth retaining wall on my side of the boundary or should he? It just that the edges of my paving stones are dropping due to the soil tumbling out. There is a similar problem with the edge of my front drive trying to drop into his garden.
Frank

 

[tomfe]

I'd say in the middle would be the best place.

 

[Himaginn]

Discuss, and if possible come to an agreement with your neighbour.
Sometimes the deeds indicate which side is responsible for the wall/fence.
Here's a slightly helpful website, but no definite answers:
http://www.boundary-problems.co.uk/boundary-problems/walls.html
Here's a slightly better site, albeit that it's an ozzie site:

As a general rule, each owner is responsible for retaining the portion of earth that they (or the previous land owner) have altered from the natural ground level. This could be fill placed on top of the natural ground level or excavation below the natural ground level.

http://www.lawhandbook.sa.gov.au/ch31s04.php

 

[r896neo]

The only sensible way to deal with it is to try and talk to your neighbour and come to a compromise. If your on a slope but your garden is flat then your side may have been raised and therefore by changing the level its your responsibilty to retain it but then it could have been done 20 years ago beofre you were around. Or the neighbour could have lowered their side putting the onus back on them etc etc... Hence why proving responsibility is often impossible.

How high is the difference? Think carefully now about fences etc as try to put a new fence in once a retaining wall is build will be very difficult. Consider now concrete posts etc to make futureproofing a priority.

If its only a foot or less then perhaps concrete posts with gravel boards and the cost could be shared? In my experiences with it usually the neighbours would share the costs arising from the new posts installation then it can be seen as a true boundary fence and no-one loses any ground.

In my own house the 18'' difference was taken up by a block wall and concrete posts put in behind it then timber posts and fence attached to these. We shared the cost of the wall and posts and i then fenced my side and she fenced hers.

Obviously using slotted posts the fence would end up being shared