QLD retaining wall dispute

[Daina Nimz]

Hi, we own a property on a spit of land in Qld with direct water access to the Bay. Our neighbour owns has a boat ramp cut out of his land and which adjoins our property. There has never been a retaining wall built to protect our land from water erosion etc. Both blocks of land are more than 50 years old and the current neighbour bought his house with the ramp already installed. We bought our block with no retaining wall to his ramp. We badly need to construct a retaining wall as the soil etc is being leached out at every tide. Neighbour constantly reassures us he is working on it and will get it done, but this is months, if not years in the doing. We are even happy to wear the full cost of the wall but he will not grant us the right to use his ramp for the work. Where do we stand with this?

 

[Rob Legat - SBPL]

You have a right to support of your land where a neighbour has taken something natural away (i.e. changed the ground level). Water erosion is natural. If it is occurring regardless of the works next door, then it's your responsibility to erect a revetment wall. If the erosion is occurring specifically or primarily due to the neighbour's actions, then it's their responsibility.

Probably the quickest and easiest way to get something happening is to inform your local council of the circumstances. It sounds like you've given the neighbour plenty of warning, and they've ignored it. If the council decides that the works which were done needed approval and the owner either didn't get it, or failed to comply with the conditions of approval, the council will likely issue a show cause notice which starts the process to requiring them to fix it and get it certified.