Retaining Wall - whose responsibility ?

Hi everyone

A retaining wall and fence between our property and the neighbour's needs to be replaced. How does one determine who is to bear the cost of this ? The wall sits in the neighbours compound but our side of the ground is higher.
I have called the Council but apparently they do not engage in boundary matters.

Appreciate your views.

Thanks,
Amelia
 
(Assuming the property is in NSW)

Is the fence on top of the retaining wall? If the retaining wall is necessary to hold up the fence, then it is treated the same as a dividing fence and costs are shared. (See definitions in s 3 of the Dividing Fences Act 1991.)

If the fence sits on the low ground, though, and the retaining fence is beside it, then it's not covered by the Act, and I would assume - though I don't know - that the person whose side of the fence it is on is responsible for its repair and upkeep.
 
I don't know the legal side but both times I have been involved in retaining walls it was the responsibility of the person who moved the earth to put a wall there.

I would suggest having a look at the natural fall of the land, maybe use the road as a guide, and see if your side fence area has been built up with fill or has their land been cut into to build on a slab.

IMO he who moves it, builds it.
 
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