Retaining wall

Our neighbour at the back of us has decided on his own that the retaining wall between their and our property was needing replacing. So he decided that he would remove the retaining wall and the fence behind it and put in its place tin sheets to prevent land slippage from our land (his words :eek:)

Let me state this is the first we have heard about it, and he has not offered any proof that the wall was infact falling down, and we are unable to confirm because the section that he removed is hidden behind our shed, so we don't go there at all.

He has dug into our land in an attempt to clear the land and prepare it for the newer retaining wall, which goes in about 1/2 m past the fence line.

He has supplied one costing for material only, as he claims he will do the job himself, he states that the wall is only 1 meter on the high side (its sloping down), however the upright posts on the high side he wishes to place are 2100mm with the low side being 600mm, with a total length of 6.3m. My understanding was that if any part of the wall was over 1200mm in height then an engineer was required along with council approval?

From what I can see, the entire culdesac he is located in, has been dug in to the hill as all properties have retaining walls at the base of the hill.

Spoke to council and they said he requires a certificate before he can commence any works and that we should put something in writing so they can investigate.

I'm pretty certain the wall belongs to him, but can't be 100% on that without a full boundary check.

Basically I was going to respond requesting proof of natural degradation to the wall ( as I suspect he wanted to replace the wood sleepers with concrete ones ), an engineers report, council approval, and proof that its on the boundary line, would you request anything else?

Thanks for any help.
 
Google "dividing fences act" for the state the property is in.

The legal situation is clearly set out, including retaining walls forming part of the fence.

In many cases if one neighbour commences work without the neighbour's consent then he/she cannot force the other neighbour to contribute.
Marg
 
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