VIC Retaining Wall Dispute with Neighbour - Property Law Responsibilities?

[Willowharley]

Hi,

I have an enquiry regarding retaining walls between neighbouring properties. My neighbours property is on the lower end of ours, our land is higher up but when our neighbours built there home they cut into our land by at least half a metre. Half of the retaining wall their builder constructed was built fully within our boundary. The other half the owners arranged themselves and that part of the wall is on their property but now they are asking us to pay half.

My questions are with the retaining wall they built on our property, are they required under property law to move it cause they never had our concent to build it on our property?

Are we required to pay half of the other retaining wall they had built even though they were the ones who cut into our property and who is responsible to pay for the back fill of the retaining wall?

 

[Rod]

Are we required to pay half of the other retaining wall they had built even though they were the ones who cut into our property and who is responsible to pay for the back fill of the retaining wall?

This is the easy part - No you don't have to pay, and yes, they need to restore the land they altered.

re: Wall on your land. Depends. Where is the fence? is there a fence? Did you enter into an agreement to put the wall on your land? You say no consent, yet seemingly allowed it to be completed. Something doesn't sound right.

 

[Willowharley]

This is the easy part - No you don't have to pay, and yes, they need to restore the land they altered.

re: Wall on your land. Depends. Where is the fence? is there a fence? Did you enter into an agreement to put the wall on your land? You say no consent, yet seemingly allowed it to be completed. Something doesn't sound right.

There currently is no fence. We have only just commenced our own build. Previously we weren't aware the retaining wall was put on our property until our builder informed us that it was within our boundary line. It was constructed before our neighbours had even built there home and they have even told us they are aware it has been put on our property when it wasn't suppose to be

 

[Rod]

If the neighbours caused the wall to be built on your land, and adverse possession is not in play, then you can demand the wall be removed and land restored.

 

[Willowharley]

If the neighbours caused the wall to be built on your land, and adverse possession is not in play, then you can demand the wall be removed and land restored.

What happens now though. We just got an email off the neighbours. They have pulled down the retaining wall that was put on our property and said they are not responsible for replacing it. That now at our exspence we have to pay for a new retaining wall to be put there to retain our land.

 

[Rod]

If they won't restore your land, then you do it, including backfilling to the fence line and charge them for it.