Fence Retaining Issues

[Chomp]

I have an issue with retaining, the neighbours blocks on either side of mine are sitting around 1m low and the other is around 1m high.

The existing retaining on both sides is nothing more than super 66 fencing (which is leaning now). I do need to put twinside pillar & post probably around 20k worth.

The numbers still stack up even if I have to pay for it all my self but I would rather not obviously !

I could say to the neighbour sitting low, "You have undermined my property so you need to retain it" and I could say to the one who is sitting high "You need to retain your property and stop it from falling in to mine.

In all fairness I think 50/50 split would be the way to go, but I'm not sure how to play it to be honest.

Has anyone else had this issue and resolved it amicably ?

 

[Scott No Mates]

the owner on the lower side has a duty to support the adjoining land.

 

[The Fence]

the owner on the lower side has a duty to support the adjoining land.

Is that set in stone somewhere Scott ?
If so can we have a link please?
Cheers!

 

[jrc]

Has the neighbour on the upper side put in fill to raise their property or have you or a predecessor in title lowered the natural level of your property at that side

 

[Macca]

Could be worth a visit to the state and local council websites and read up on fencing policy

 

[Gremlin]

We had an issue with a collapsing retaining wall between our place and our neighbours (we're the higher of the two).

In discussion with the council (Brisbane City), they told us the responsibility depended on whether the "lower" block was cut into the natural level of the terrain or the "higher" block was built up from the natural level.

 

[Chomp]

I am settling on the house next week, but it is 40yrs old roughly and from day dot I am guessing the developer has stepped the blocks of land down the hill and on sold them.

So as I said It is on the side of a slight hill, so it makes sense to get them level, he has to undermine the higher block to get it level.

I did a bit of research online and I have contacted the council, he advised removing the fence and you can see the different shades of soil where the cut has taken place & % of payment should / could be based on this. He then went on to say it is a bit of a nightmare in reality.

I mentioned a 50/50 split and he said yes this was a fairer solution but I still need the neighbours to agree & cough up. Worst case scenario is I have to go to court I guess.

 

[Jake D]

I reckon trying to determine cut and fill by excavation will be a nightmare and open a can of worms. If anything, buying the old survey plans and reading the spot levels will determine how much cut and fill took place on your site.

I'd ask neighbours nicely and explain the benefit to them. Maybe even point out that building insurance doesn't cover damage caused by retaining wall failure (ie, the fibro fence currently in place). This is probably more relevant to the neighbour on the high side, but worth pointing out.

Also, be prepared: If your neighbours refuse to pay and you decide to fit the bill yourself, you'll have a hard time getting any cash out of them for "the fence you broke".

 

[Chomp]

Its like the flippin chicken and the egg thing isnt it !

Good point about getting cash out after I fix it myself.

I think maybe a meeting on site to discuss with each neighbour separately would be the best way to go, it would give me an indication of how I need to play it before hand.

 

[Pelican Head]

the owner on the lower side has a duty to support the adjoining land.

I have just had fencing issues with my neighbour and been through the courts. The responsibility of the retaining wall is on the high side land owner, in NSW anyway.Contact the Land Tribunal and get a copy of the Fencing Act.