Hi all. I am currently living in Kalgoorlie Western Australia but own a house in Morayfield Qld that i plan to return too and live in shortly. Basically the issue is this:
My neighbour contacted me today and informed me that his house is under contract and one of the conditions of sale is that he must fix the rotten retaining wall between my home and his. Now we live on a sloping street and house from the top of the hill down to the creek has retaining walls on both the high and low sides of the blocks. He informed me that my retaining wall is on his land and requires fixing. My understanding of this is that in this case where the whole street continues gradually down to the creek, each block benefits from the retaining wall on the high side of the block and are also responsible for it aswell. Would i be right in arguing that his block has been cut lower to create a flat area for building on so he is solely responsible for it? The same as i would be for the wall on the high side of my property where my block has been excavated?
My neighbour contacted me today and informed me that his house is under contract and one of the conditions of sale is that he must fix the rotten retaining wall between my home and his. Now we live on a sloping street and house from the top of the hill down to the creek has retaining walls on both the high and low sides of the blocks. He informed me that my retaining wall is on his land and requires fixing. My understanding of this is that in this case where the whole street continues gradually down to the creek, each block benefits from the retaining wall on the high side of the block and are also responsible for it aswell. Would i be right in arguing that his block has been cut lower to create a flat area for building on so he is solely responsible for it? The same as i would be for the wall on the high side of my property where my block has been excavated?
