Browse Forums General Discussion Re: Shared Fencing & Retaining Wall under Campbelltown Counc 2Jun 29, 2014 10:02 am Owner Building at Jimboomba Woods in Logan City Qld. Blog : http://bandlnewhomebuild.blogspot.com H1 thread : viewtopic.php?f=38&t=68283 . Re: Shared Fencing & Retaining Wall under Campbelltown Counc 10Jul 13, 2014 10:44 am qebtel Saint Mike As I understand it - retaining walls are not fences anyway. . In Qld, a retaining wall, if on a boundary and integral with the fence, is part of the fence. qebtel Any fencing work to be done, must first be agreed upon in writing by both parties. In the absence of this, any work that is done by a person is at the sole risk and cost of that person. I havent read the NSW fencing laws but I think this tenet is pretty universal in Australia. In your case, as the person in question now has no interest in his sold property, he has no right to make a claim on you. You cannot claim cost retrospectively. Agree - I was just talking in general - but retaining walls are an interesting case. Someone may want one for aesthetics - not need. Many of them are not on the boundary because of this issue - ie they are not necessary for the fence. And therefore are not at the expense of the neighbour. They are build to one side to ensure we know who owns them. The word integral may be a key ... QCat - "A dividing fence is generally constructed on the common boundary line of adjoining land. A fence is a structure, ditch or embankment, or a hedge or similar vegetation barrier, natural or artificial watercourse, enclosing any land, whether or not it extends along the whole boundary of land separating the neighbours. A retaining wall is NOT a fence." "Retaining walls serve a different purpose than fences. They are engineered to support built up or excavated earth. Retaining walls are not normally a matter of joint responsibility for neighbours because a retaining wall is usually of more benefit to one neighbour." "Retaining walls are not defined as part of fences because they usually benefit one neighbour more than another, therefore equal contribution is unsuitable. However, QCAT can make orders about carrying out fencing work that includes work on a retaining wall if the repair of the fence is dependent on the work for the retaining wall." Hi, I live in a single storey semi-detached house with a shared wall. All is well until my neighbour’s kid started piano lessons (using an upright piano) and the noise… 0 12898 Thanks for the insights, that makes perfect sense, and yeah, I will be leaning on the experience of the excavator operator entirely. 6 16157 Yeah my reasoning is just that those house posts are designed for vertical load not lateral. I just didnt want to risk interfering with the existing house… 4 11549 |