Browse Forums General Discussion Re: Retaining wall after the fact & fencing height regulatio 21Apr 15, 2011 3:22 pm Hope yr able to get the result u need to be able to fix it. But agree if the current owners weren't the ones who did it then I wouldn't expect them to pay. So yr caught rock in s hard place etc hope it can be fixed though regardless Re: Retaining wall after the fact & fencing height regulatio 22Apr 15, 2011 5:59 pm From what I have been able to ascertain, the ownership and liability for retaining walls (or lack thereof) transfers with ownership meaning if land was cut into and never retained the current landowners could be made to pay for it. It varies state to state and is a grey area since the Fencing Act in NSW does not yet cover retaining walls however it will do at some point. While some may think it is unfair of us to request the neighbours to fix the issue, it is unfair to us to have to pay to have our land retained because the site was developed and cut into and never retained. I am currently waiting for council to send copies of any documents pertaining to the development of the land (perhaps in the 50s/60s?) and whether there was mention of a wall. I feel it is UNFAIR that we CANNOT erect a new fence or do any landscaping on our side with new plantings, etc. until such time as the land is retained. It is very obvious that it has been cut due to the drop between us and them and the unnatural change in the terrain. The comment I heard from the owner's son was verbatim, "Dad has no interest in paying for a new fence or retaining wall" and this is after we approached them about it 18months ago so they knew it was in the pipeline. The fence is leaning over and if he does refuse, we'll go as far as we can to ensure he takes care of the expense. Anyway, if he refuses and we have to pay, the wall will go in and the ugly brown Colorbond fence (which was retaining our land until we excavated in preparation for the wall) will stay and he can get rid of it himself. A word of warning; do not cross a woman that has lived in Extension and Renovation mode for 10 months and has very little $ and sanity left. P.S.After typing all of that, a lightbulb moment! Perhaps since they are the ones that will get to look at the retaining wall, not us, we could use something ugly like cement sheeting,something really cheap and nasty looking, not treated pine sleepers? Re: Retaining wall after the fact & fencing height regulatio 23Apr 15, 2011 6:53 pm SquirtyChookGirl P.S.After typing all of that, a lightbulb moment! Perhaps since they are the ones that will get to look at the retaining wall, not us, we could use something ugly like cement sheeting,something really cheap and nasty looking, not treated pine sleepers? That would be my approach. Use the cheapest ugliest material that will still do the job, and if they complain about the way it looks "sorry, without any contribution from you, thats all we could afford" Re: Retaining wall after the fact & fencing height regulatio 24Apr 15, 2011 7:21 pm hparis SquirtyChookGirl P.S.After typing all of that, a lightbulb moment! Perhaps since they are the ones that will get to look at the retaining wall, not us, we could use something ugly like cement sheeting,something really cheap and nasty looking, not treated pine sleepers? That would be my approach. Use the cheapest ugliest material that will still do the job, and if they complain about the way it looks "sorry, without any contribution from you, thats all we could afford" That would actually be the truth, LOL. Re: Retaining wall after the fact & fencing height regulatio 25Apr 15, 2011 7:54 pm Reading how the lower land did the damage well then yes I reckon they should pay. It's not quite like my situation like first thought where the higher land is caused by them. Goodluck finding the most hideous material hehehe Thank you again Simeon.. I will call my certifier for that. Have a good day 4 5197 ok thanks - yes was wondering if that should have been listed as Option Three! 2 7755 Thanks for the insights, that makes perfect sense, and yeah, I will be leaning on the experience of the excavator operator entirely. 6 16159 |