Load bearing garden fence? David Brown, UK

Dear Hugh I hope you can help me ? I wish to replace a wooden fence on my property that was erected by the previous owner. My neighbour’s patio is approximately 3ft higher that my patio and the general height of his garden (running downhill) is generally about 2ft 6ins higher than mine down its entire length. I would like to erect a new wooden fence, but I must take into account my neighbour’s concerns. He has quite rightly said that his garden drains onto mine and a wooden fence (however well treated) would decay. He has also mentioned that I have a duty of care not to damage his property. My belief is that he is right and I should erect a fence that will prevent his garden and patio from slipping and allowing it to drain by natural means, ie weep holes or similar, and the fence should be of substansial strength to allow for load bearing of his different garden height. I would appreciate any advice you could offer me. Yours sincerely Dave Brown
Forum (Hugh):Dear Dave, It seems to me that you should take the advice of your solicitor. Wooden fences are for dividing off property-not for load bearing. The question to ask is – should your neighbour’s patio and garden be held up by your fence? Should there not be a wall on his side to hold up his patio? Does he not have a duty of care not to damage your property? Regards Hugh