QLD Retaining wall a(my side of the fence) and neighbour's driveway (his side of the fence)

[Graham Nicholls]

My house and a 750mm retaining wall were built before the neighbour’s house was. The neighbour is on the high side. The retaining wall is in my property, some 800mm from the fence. It is basically an elevated flower bed.

The neighbour’s driveway is immediately adjacent to the fence, on his side obviously. The driveway was built after my retaining wall was completed.

The retaining wall is 20 plus years old and has bowed a little bit. I am happy to reinforce it as best as I can but if in the worst case it failed and my neighbour’s driveway sagged or slipped, would I be at fault in some way?

 

[Docupedia]

Property Law Act section 179 (copied below) is likely what applies here. Given the retaining wall is 20 years old, it would probably indicate that arguments about who cut/who filled have died of old age.

The question would be whether failing to maintain the existing retaining wall constitutes 'doing anything to withdraw support'. Another question would be whether a collapse in the wall would actually affect the neighbour.

179Right to support of land and buildings

For the benefit of all interests in other land which may be adversely affected by any breach of this section, there shall be attached to any land an obligation not to do anything on or below it that will withdraw support from any other land or from any building, structure or erection that has been placed on or below it.

 

[Graham Nicholls]

Property Law Act section 179 (copied below) is likely what applies here. Given the retaining wall is 20 years old, it would probably indicate that arguments about who cut/who filled have died of old age.

The question would be whether failing to maintain the existing retaining wall constitutes 'doing anything to withdraw support'. Another question would be whether a collapse in the wall would actually affect the neighbour.

179Right to support of land and buildings

Many thanks for your response/advice. I confirmed that Council (Scenic Rim Regional Council) is not involved. SRRC advice is "a retaining wall less than 1m in height does not trigger a building approval" Their suggestion is that I should speak with "an independent Engineer to reinforce the wall in a way that is structurally sound." I have a Technical Data Sheet issued by Queensland Timber in 2004 for retaining walls up to 1 metre high and will proceed using that as a reference.