NSW Are Neighbours Responsible for Repairing Retaining Wall?

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Shml

Member
9 November 2016
1
0
1
Hi,

My question is whether our neighbours are responsible for the costs of repairing or rebuilding the dividing fence and if so how responsible are they?

The context involves a large piece of land in which the previous owner subdivided into two blocks and sold them to us and our new neighbours. Our residence is in front of their residence i.e. our buildings are not side by side along the road. Separating the properties is a retaining wall with a one metre balustrade on top and a two metre height drop into their land.

On the left corner, instead of a retaining wall there is a wooden fence blocking what use to be the entrance connecting both properties. The majority of retaining wall is within our boundary. The base of the wall is 0.17m away from the boundary on the right corner, and 0.08m away from the left corner. However, there is a concrete wall footing protruding 0.10m forward making the left side of the wall cross over the boundary. The wall is in a poor unstable condition with threats of collapsing and will require replacement or fixing.

My question is whether our neighbours are responsible for the costs of repairing or rebuilding the dividing fence and if so how responsible are they?

Thank you
 
S

Sophea

Guest
Hi Shml,

In short, the property owner who has altered the slope of the land is responsible for the retaining wall. In circumstances where you both purchased from an original owner of the whole property who altered it, this is obviously difficcult and may simply mean you are both liable for fixing it since you both benefit from it. You generally share the cost of building any fence on top of a retaining wall.

Check out these other posts:

https://www.lawanswers.com.au/threads/who-is-responsible-for-retaining-wall.10892/
https://www.lawanswers.com.au/threads/who-should-pay-for-retaining-wall-repair-and-new-fence.11221/
https://www.lawanswers.com.au/threads/who-is-responsible-for-replacing-the-retaining-wall.9358/
https://www.lawanswers.com.au/threads/should-neighbour-share-retaining-wall-costs.9659/