QLD Who Should Pay for Retaining Wall Repair and New Fence?

[Mila]

There are existing retaining walls between our property and our neighbour's.

A post which is part of the retaining wall became undone and fell on our side of the property due to the movement of the ground/soil of our neighbour. Our neighbour's property is elevated to our property. Are we responsible for the repair?

Our neighbour would like to change the old wooden retaining wall that sits on top of our stone retaining wall. As mentioned earlier, our neighbour's property is elevated to our property. Do we have to share in the expenses?

The existing fence between our property and our neighbour's:

Our neighbour's mentioned that they wish to change the existing fence. We are happy with the existing fence. If they want a new fence, they can pay for it. Am I correct here?

 

[Victoria S]

Hi Mila,

Usually neighbours must contribute equally to the cost of building and maintaining a dividing fence however retaining walls are not classified as fences, because they are built to support excavated ground. Because they are constructed to benefit one neighbour more than the other, both neighbours are not expected to bear equal costs. Usually the neighbour who altered their land and needs the wall to support their land, will be responsible for building and repairing it.

However, QCAT can make orders about carrying out fencing work that includes work on a retaining wall if the repair of the fence is dependent on the work for the retaining wall.