Retaining wall issue with my neighbour....

Hi Guys,

I am having some issues with my neighbor regarding who will bear the cost of the retaining wall which will support the fencing.

Both our are houses are being constructed and I got a fencing notice in April which I agreed to pay my share whatever was mentioned in the notice. There was no mention of retaining wall in the notice.
Now the builder of my neighbors house, who is responsible for putting up the fence as well, is claiming that I need to put a retaining wall at my cost because what they claim is that part my land was raised up (filled) by my builder hence I should be putting a retaining wall on the boundary which will support the fence.

I had a discussion with my builder and they confirmed that it was not a requirement to install a retaining wall. If it was required the building surveyor would have advised and my builder would have installed this. It was not filled to raise the height. I have said them to check with council and ask for their advise.

My neighbor is actually in the lower block and my mine is the higher block. I think they should be the one to install a retaining wall.

To get a picture of the situation please check in the link : https://ibb.co/hvD47T

I got another picture which was taken before the land was titled.... https://ibb.co/j4gcCT

You will notice the white pegs (I have marked with an arrow)....and my land on the right.... It was the land developer who has actually filled. So my take is that the owner of the left land should put the retaining wall.

Also the block which is on my right side of my block is also on the higher ground.
Just check this pic .. https://ibb.co/hkexCT

And I also giving retaining wall on my right side....

As of now my neighbor's builder haven't agreed on any thing, they are saying they will come back after inspecting the site.

Can any one give me some feedback on the situation here ?
Thanks

I suggest you obtain definite clarity on (if) who has carried out cut/fill to change the natural fall of the land in the area under dispute.

Based on the 1st picture, it appears that the block on left has been cut. The party responsible for changing the natural fall is liable to bear the cost of retaining wall.

An adjoining owner can seek a contribution for the carrying out of work to a retaining wall where the wall is necessary for the support and maintenance of a dividing fence - This applies where no change has been made (cut-fill) to the natural slope of the land

www.lawaccess.nsw.gov.au/Pages/representing/...fences/retaining_walls/home.aspx
www.legalanswers.sl.nsw.gov.au/neighbours-and-law/retaining-walls
http://webcache.googleusercontent.com/search?q=cache:x0lDoQKtIa4J:legalanswers.sl.nsw.gov.au/neighbours-and-law/retaining-walls+&cd=2&hl=en&ct=clnk&gl=au
https://www.google.com.au/search?q=related:legalanswers.sl.nsw.gov.au/neighbours-and-law/retaining-walls+who+should+build+retaining+wall+NSW&tbo=1&sa=X&ved=0ahUKEwjZuZuP6JXcAhVEp5QKHZmLAu8QHwhXMAE

I certainly wouldn't be rushed into anything because of a letter - or threats in it.

Were your "discussions" in writing - do you have emails etc ?

These things happen - but remember - you do want to remain on good terms with neighbours. BUT - watch out for the bully who thinks you being "nice" is a weakness.

Hi Nasif,

Retaining wall the responsibility of that neighbour who's land level is below. however some times if neighbour is friendly and willing to pay for it then its different case.

I'd recommend you to go with 200x80 mm slippers under neath is and thats it it will work as retaining wall. there is not much difference in 200x80mm (heavy duty) slipper and retaining wall other then post distance

Im not expert but gone through with same situation and my builder friend suggest this.

Also i have DIY added few 1.5 meters steel post half under the fence and top portion screwed with fence base to add some more durability to my fence.

"Retaining wall the responsibility of that neighbour who's land level is below." -
This is not factually correct. The party responsible for changing the natural fall is liable to bear the cost of retaining wall.

An adjoining owner can seek a contribution for the carrying out of work to a retaining wall where the wall is necessary for the support and maintenance of a dividing fence - This applies where no change has been made (cut-fill) to the natural slope of the land.

I went through this with an investment property I had in Queensland. Absolute nightmare. Good luck.