NSW Retaining wall - encroachment

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Aaron19

Member
22 March 2019
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My neighbour has built a decorative wall completely on my property. he is claiming it's a rety wall. I am not sure what it is. I've an identification survey as well. The encroachment is 21cm excluding the footing. I'm not sure how big is the footing as it's underground. He is not only refusing to move the wall but also denying the encroachment. He built the wall in 2017 August 30. We moved to the property on July 1st 2018. At the moment the case is in NCAT. But NCAT wants both parties to prove whether or not that it's a retaining for them to decide on the jurisdiction. What options do I have?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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I’d suggest you look to engage a building certifier or similar willing to give an expert report.
 

Aaron19

Member
22 March 2019
4
0
1
Thanks for your response. But of a detail. My neighbour has built a decorative wall completely on my property. he is claiming it's a rety wall. I am not sure what it is. I've an identification survey as well. The encroachment is 21cm excluding the footing. I'm not sure how big is the footing as it's underground. He is not only refusing to move the wall but also denying the encroachment. He built the wall in 2017 August 30. We moved to the property on July 1st 2018. At the moment the case is in NCAT. But NCAT wants both parties to prove whether or not that it's a retaining for them to decide on the jurisdiction. Because NCAT seems to have no jurisdiction over retaining walls. What options do I have?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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As I said, you get an expert to give you a report. They will be the one to give evidence as to whether or not it is a retaining wall
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
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Google ‘building expert tribunal’, pick a local one and start calling.