Browse Forums Building A New House 1 Aug 13, 2010 11:34 am We have a downward sloping block and on the front side boundary we have a existing sandstone retaining wall to level out the front. This retaining wall is on our side of the boundary. After excavation a section of this wall was no longer needed to be as high to retain the land and was in the way of a pathway down to the back of our block. So our landscaper just came through and levelled out the soil and removed the top 2 layers in a 3 meter section of the wall. Neighbour is furious that we did not consult with them. They were planning to use this wall as a feature? They believe we do not have the right to remove the wall. What do you think? http://2.bp.blogspot.com/_9PGfitpCHgA/S2PmOHLUgQI/AAAAAAAAAIU/evSPRcgyxBA/s1600-h/IMGP2550_resize.JPG Re: Neighbour angry after we removed some retaining wall 2Aug 13, 2010 11:36 am Why ask here. Contact your council. Re: Neighbour angry after we removed some retaining wall 3Aug 13, 2010 11:48 am Why post any questions about building? You could always say ask your builder. I am looking for people opinions. Someone may have been in a similar situation or understand the legalities without me having to contact council and possibly opening a can of worms. Re: Neighbour angry after we removed some retaining wall 4Aug 13, 2010 11:52 am I'd think that if it was on your land you can do whatever the hell you want to do to it. Re: Neighbour angry after we removed some retaining wall 5Aug 13, 2010 11:53 am Who paid for the original retaining wall? If they paid part or all they are very much entitled to have a say in any alteration to the retaining wall. If you or the previous owner paid for you it you are entitled to do as you please Re: Neighbour angry after we removed some retaining wall 6Aug 13, 2010 12:02 pm I hate to say this but I would be angry if I wasnt consulted either. This is a boundary wall so your actions affect more than just yourselves. I am sure if you had of approached them and explained why you had to remove it the reaction would have been slightly different. I think you just have to remember - these are the people you will be living next to and its important to tread carefully. THE LIGHT OF MY LIFE IS 495 SQM OF BEACH SAND AND WEEDS! http://missvintageshouseofpain.blogspot.com/ Re: Neighbour angry after we removed some retaining wall 7Aug 13, 2010 12:06 pm The wall looks very old and was there prior to us or our neighbours moving in. Our house is a knock-down rebuild and the existing house didn’t have a path down that side so the wall was retaining up to the side of the house. Based on this I would assume the wall was created when our original house was built. Re: Neighbour angry after we removed some retaining wall 8Aug 13, 2010 12:22 pm Nathan SteelFab I'd think that if it was on your land you can do whatever the hell you want to do to it. Maybe I was wrong! I'd just be annoyed a little. I should shutup. Re: Neighbour angry after we removed some retaining wall 9Aug 13, 2010 12:27 pm yes I think I would be angry to not be consulted either, regardless of whose land its on or who paid for it. what is going to go there instead, anything? will they just be facing some rock/earth now, or will you be able to see into their property? either of those options don't sound good... anyway it sounds like your landscaper just did it without consulting you OR the neighbour? If so I would be contacting him and getting him to explain his actions, and pay for re-erection of a fence if that's what gets agreed on. "Your emotions are the slaves to your thoughts, and you are the slave to your emotions." — Elizabeth Gilbert Living in our new house. Currently scaping the land. Re: Neighbour angry after we removed some retaining wall 10Aug 13, 2010 12:36 pm The other issue is a potential legal one. I believe (am not 100% sure so happy to be corrected if I'm wrong) that retaining is the responsibilty of they who altered the level of the land. From your pic, it looks like your neighbour (or whoever has owned that house over time) has cut in and altered the fall of the land, and they have then retained as is their responsibilty. If the wall now fails, legally it may well be they who are liable. The other issue is the stability of the wall itself. If it was engineered to be built a certain way, has the altering of it compromised the structural integrity of it in any way? I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Neighbour angry after we removed some retaining wall 11Aug 13, 2010 12:42 pm It was on your property, not theirs, if they wanted it as a feature they should have built it on their own property. It would have been more dangerours if the rock where left on top not retaining anything. Cheers Lou http://take2-customdesigndownslope.blogspot.com 07-10-09 omg they have cut the block 14-05-10 we finally have the keys Re: Neighbour angry after we removed some retaining wall 12Aug 13, 2010 12:51 pm I agreed with the landscaper what he has been done so can't blame him. After excavation the top 2 blocks of the wall was retaining nothing and blocking 30-40cm of a 1 metre pathway down the side of the house. There is still one block along the base retaining the land but the neighbour now can see onto our block. Our landscape plan shows a path down the side and a picket fence out the front. The plans shows no fencing down the side but it would be nice to follow the picket down the side. See image. Bottom block has since be reinstated http://2.bp.blogspot.com/_9PGfitpCHgA/TFu8q6mdlKI/AAAAAAAAATw/6qFjtfPh8js/s1600/IMGP3383_resize.JPG Re: Neighbour angry after we removed some retaining wall 14Aug 13, 2010 12:58 pm Have you had a sit down with the neighbour (maybe after they cool off) and see if there is a solution that can suit all? Maybe if they can explain the exact reasons they are upset you could extend a peace offering? If the only issue is that the higher wall offered some privacy for them, perhaps you could offer to plant some screening plants to provide a buffer? I think I would start by offering my apologies and explaining that you believed the wall was now excess to requirements and you honestly didn't realise that they would be upset by it. Hopefully a bit of communication can find a solution. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Neighbour angry after we removed some retaining wall 15Aug 13, 2010 1:00 pm hmmm. ok, well i would be apologetic to them as much as possible, say you're sorry you didn't consult and be willing to pay for at least half of whatever they want put up there instead. i think. "Your emotions are the slaves to your thoughts, and you are the slave to your emotions." — Elizabeth Gilbert Living in our new house. Currently scaping the land. Re: Neighbour angry after we removed some retaining wall 16Aug 13, 2010 1:06 pm Hi, I would definitely try to keep the neighbour on side. It sounds like the fence has been in the wrong place for many years. In some case if the fence has been in the wrong position for a long time, it can actually become the new legal boundary, and you could lose this part of your land. I found an article about a court case at http://www.adelaidenow.com.au/news/south-australia/mp/story-e6frea83-1225830045192. If you annoy the neighbour too much you may actually lose part of your land. Michelle House - Lockup completed 23rd December 2011 - Painters are in!!! https://forum.homeone.com.au/viewtopic.php?f=31&t=37261&start=0&hilit=Blaxland Re: Neighbour angry after we removed some retaining wall 17Aug 13, 2010 1:26 pm I wouldn't have though a retaining wall would be treated the same as a fence. Can't hurt to be apologetic though and graciously discuss a new fence/screening in it's place. Re: Neighbour angry after we removed some retaining wall 18Aug 14, 2010 4:09 pm seriously, if it's on your land you should be able to do whatever you like! I'm going through similar issues with a neighbour and we didn't talk to them about our plans so they complained to the council. We've proven that the wall is on our block. I'm so sick of having to care about how it effects someone else if it's your property (yes, I know I will cause offence at that but that is my opion). Re: Neighbour angry after we removed some retaining wall 19Aug 14, 2010 4:19 pm We had a bit of an argument this morning over the wall. Us saying "it's on our property we can do what we like" or "it's not retaining anything so what's the point". Them saying "it's a dividing wall/fence and us not legally allowed to move it". Anyway we came up with a compromise where we will put back a section of the wall and leave a section that is blocking our side pathway. http://1.bp.blogspot.com/_9PGfitpCHgA/TGY4kEbEFiI/AAAAAAAAAUg/_AI3lvbmAO8/s1600/P1000032_resize.JPG Re: Neighbour angry after we removed some retaining wall 20Aug 14, 2010 4:47 pm MBBN seriously, if it's on your land you should be able to do whatever you like! I'm going through similar issues with a neighbour and we didn't talk to them about our plans so they complained to the council. We've proven that the wall is on our block. I'm so sick of having to care about how it effects someone else if it's your property (yes, I know I will cause offence at that but that is my opion). Until it impacts on you and your right to enjoy your land / house though right? Thank you again Simeon.. I will call my certifier for that. Have a good day 4 5434 Thanks for the insights, that makes perfect sense, and yeah, I will be leaning on the experience of the excavator operator entirely. 6 16246 |