QLD Issues with Retaining Wall - Help?

[BrisbaneJai]

Hi.

We are the middle property on a naturally sloped area, so we have a retaining wall on either side (the left is about 1.1m high and our neighbour is the higer property/the right is about 80cm high and we are the higher property).

The retaining wall on our lower side is crumbling and needs repairing, however the neighbours on the lower side believe us to be liable for the cost (just because that's what they have been told by a friend).

We are aware we are liable for one of the retaining walls, and are more than happy to pay for the wall we are responsible for, however we were under the impression that as we were the lower property on the left hand side wall and its clear that 21 years ago when these walls were built, the land had been cut and levelled out by each of the lower houses, that we'd be responsible for the wall retaining the neighbour on the left and not us.

Everything is currently amicable, and the right side neighbours are aware we are requesting further advice so we don't get pinned for both walls, but I am wondering how I go about proving which wall we are responsible for so it remains amicable?

Do we need to get a survey? What kind would we need?

If we engaged a solicitor, what kind would we need and would they source plans etc.

I can't actually tell if the retaining wall in current question on the right (lower) side is actually directly underneath the fence and if that would then make it possible for QCAT to rule on (as the fence needs to be removed and replaced to repair the retaining wall). I'm in over my head and next door just seem happy to let me do all the ground work.

 

[Rob Legat - SBPL]

Generally, your gut feelings are correct. You should be responsible for the retaining wall supporting your neighbours who are higher than you. Section 179 of the Property Law Act 1974 provides that there is an obligation not to do anything on land which removes support from other land.

The necessity for the retaining wall is the way for complying with that obligation of support. Failing to properly maintain it is removing that necessary support.

Check with your local council as they may be willing to step in, particularly if the retaining wall was a condition of building approval on the land. However, as the wall is under 1 metre, they may be unwilling.