NSW Retaining Wall Footing Encroaching into My Property - What to Do?

[chunkiimunkii]

The neighbours next door have built a retaining wall that was approved as part of their development.

The plans for the wall were approved to be built entirely into their property yet the footing encroaches into my property half a metre. With no luck with this issue, I am after help with it being illegal to build beyond the boundary.

How do I have this matter resolved as the council has sided with the developer?

 

[Rod]

Council have no right to authorise trespass on your land.

See a lawyer for advice. You can pursue through the courts or possibly agree to allow them to 'rent' space on your property. You might be able to make some money out of their mistake. Just price it so it is cheaper for them to pay a yearly rental rather than demolish and rebuild the footing.

 

[chunkiimunkii]

It's expensive for a lawyer and they won't pay money to 'rent' the space as they don't have it.
I know it's illegal to build beyond the boundary but i can't find it in black and white.
The whole thing is dodgy and the when footing was done they just dug into the ground and filled it with concrete, it wasn't framed out or anything that's why it goes from 67cm one end of my property to 35 at the other.

 

[Rod]

It's expensive for a lawyer and they won't pay money to 'rent' the space as they don't have it.

I don't understand this comment. Do you mean they won't pay because they don't have to pay?

If they don't pay they need to remove the footing that is encroaching onto your land. If you want to enforce your rights you write a demand letter, followed by court action if they fail to either pay you rent or remove the trespass.

No government department is likely going to get involved. If you want to protect your rights, you have to take action.

 

[chunkiimunkii]

They are in debt. Might give NCAT a call as i can't afford legal action.The council was happen to enforce them to stop water flowing into our properties yet
fail to see that them building into our property is illegal.

Thanks for the tip.

 

[Jemma]

If a survey was undertaken it could prove it is on your land? I would get one to back up your claims perhaps do a boundary adjustment?

 

[chunkiimunkii]

A survey was undertaken due to a boundary dispute where a marking was left on our fence so they wouldn't take more land.
The retaining wall was approved entirely in their property also as they raised the property.
The wall is on the boundary but the footing encroaches. It's not a dividing fence either as it was a requirement by us and our two
neighbours along the same boundary line to have the existing fence replaced which hasn't happened. They built into their properties
as well but not as much as they did ours, plus they haven't repaired the damage to our property either.