Oct 13, 2017 8:22 am
Our house sits about 30cm higher than next door, maybe little more. But their site cut was quite deep. They have put a retaining wall in beside our garage which sits on the boundary. But theY have dug the dirt outright up to the property line which has caused our garden bed dirt to fall through. They have also exposed the concrete footings of the fence. I spoke to them about it and what they have done instead of having retaining wall the length of the property they have just dug the dirt away to make it level. They said it's because we built our land up and they need flat land because then their garden will be higher then the base of the house. We needed quite a bit of fill to the back due to fall of the land but not along the sides which is where the problem is. What are the rules and regulations around this? I'm worried it's going to compromise our fence et . It's really annoying me
Re: Neighbours digging to fence line2
Oct 13, 2017 9:01 am
Rules regarding retaining walls are based on who changed the level of the land. If you built up on the side of the land, then you would be liable for that portion, if they cut down, they would be liable for that portion, if you both changed it, then it would be %age based on how much you each changed the level of the land. If they do works to make the fence unstable/unsafe, that's on them to fix. From what you are saying, they are liable for retaining along the entire length of the property if they want to dig down at the border to have their garden bed down at their house level, they would then also need to fix the fence that they have compromised the safety of.
Re: Neighbours digging to fence line4
Oct 16, 2017 8:00 am
They are about a foot or more lower than the front path. Our house is level with the path. They have dug the entire surrounds out to the fence to be level with their house. If we have problems down the road I'll be making sure they get an expert out to advise on this. They just have no idea
Re: Neighbours digging to fence line5
Nov 09, 2017 11:21 pm
Take photos into Council and ask their thoughts. Looks like they would’ve exposed the fence footings?? How close is your house to this fence??
Re: Neighbours digging to fence line6
Nov 09, 2017 11:22 pm
Here in Newcastle we aren’t allowed to excavate against the fence line anymore. Has to be 600 off.. or maybe it’s a meter. I can’t remember
Re: Neighbours digging to fence line7
Nov 09, 2017 11:28 pm
It is generally 1m off with lake mac although not sure about Newcastle. Probably very similar. Although with our build our neighbour is also right near boundary and we are also only 450mm off ourselves when going through complying developement this changes things. Check if you can search the property address online with lake mac I can get up anyone's plans I did this with our neighbour and I was able to see if they had been approved closer to the boundary. Hope this helps.
Re: Neighbours digging to fence line9
Nov 27, 2017 8:43 am
OP have you had any resolution to this?