Maria Melton and her husband Michael were flabbergasted when they got home from work and found a deep trench had appeared less than 5 feet from their house.

And they say that, within hours, their rockery and patio had moved away from the side wall of their home which is on a hill on the Cote Farm Estate in Thackley. The couple part own the end of terrace house in Tickler Stile with North British Housing Association.

Mrs Melton, 28, said she was told by representatives of Bryant Homes - which owns the next door site - that they would be building a boundary wall on the other side of her fence.

"We said no but we later changed our minds and said it was all right provided they consulted with us beforehand," she said. "But the next thing, we came home one night last week and found our fence had gone and Bryant Homes had put a trench there.

"They put some supports in the next day but by that time our rockery and patio had already started slipping away from the house wall. They have now said in writing they will reinstate it, which is fine, but we are concerned about how it's affected the structure of the house because it's so close. They are riding roughshod over us because we are in part ownership and we are not in one of the big expensive houses on the estate that we own outright."

North British Housing Association development services manager Steve Howard said his organisation was getting legal advice over Bryant's actions.

"What they have done is totally out of order .We are waiting to hear from our solicitors to see whether we can take some action and if it has a structural effect on the house, then legal proceedings will be taken against Bryant." He said the developers had promised to put right the patio and rockery and make good the work by September 16 but added: " If it isn't completed on time or to our satisfaction, the association is going to employ contractors and finish it off and charge Bryant."

A Bryant spokesman said: "Once all the work to the retaining wall has been completed, the garden will be returned to the condition it was in before the work commenced." She was unable to comment on claims the work was carried out without consultation.

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