My neighbour has done work on his land that is damaging the retaining wall between our two properties. I am on the low side and the wall is a part of my pool and house foundations. They are going to do more work too. They say that they have no responsibility for ensuring the integrity of the wall as it is my responsibility. Can they deliberately cause damage to the wall in this way?
you are on the low side but 1. is your land cut to level it so the retaining wall is for your benefit;or 2. is their land filled to level it so the retaining wall is for their benefit;or 3. is it a combination of both they still can't deliberatly damage, nor can they remove your support. Retaining walls and support can be complex area of law. Would need a lot more information, plans (or at least diagrams). If the works is damaging now then we could either: 1. write to them telling to stop; 2. get a court injunction stopping them until the situation was clarified.
Yes, I am on the low side and get the benefit of the wall. They have built up soil against the wall over a metre and planted bamboo into that. They have retained this so that overland water flow is now directed into the wall. They are also benefitting as the land has been filled on their side. They have started a massive Reno that has meant that they are building walls and a pool up against the wall. There is a massive Reno of their home.They keep changing the story to me. They have confirmed that they believe they have no responsibility towards the wall, as I am in the low side. This Includes not choosing not to waterproof or protect the structural integrity of the wall. I don't know how I am supposed to look after a wall on a side I can't see and have no control over I have written to them and their builder. That has not worked, they are attacking me now
sounds like some mutual benefit. Also sounds like direct correlation causing damage As for commercial reality: 1. Tell them to resolve in writing yourself or you will start legal action - free; 2. One of my guys does (after investigation) - $1,650; 3. Injunction - $5-$10k; 4. Negotiated decision without court action $2-$7k; 5. Court resolved $25k minimum (if otherside digs in then could be triple that) I would try for number 1. Number 2 often works. Anything beyond that then I would be getting advice from a builder as to what it will cost you to remedy as it may well be cheaper than the legal action.
I cannot work out what happened to your neighbour side of the retaining wall based on your description. I don't know how they could build up one meter high soil on their side. My understanding is the top end of the retaining wall could be slightly higher than their ground level, but wouldn't be higher than one meter as no point to waste the money to have extra sleepers that don't have the backfill behind the sleepers. Also you didn't mention the height of the retaining wall. If it's higher than 1 meter, it should be approved by Brisbane City Council. Is it possble that your neighbor's actionmhas made the retaining wall illegal?
