Retaining wall and difficult neighbour

Hi all.

I need some guidence as i am confused and cash-strapped at the moment.

My investment property in Brisbane needs a new retaining wall (less than a meter high). The retwall supports a fence and both retwall and fence are confirmed to bep on boundary with my neigbour. By the way ...his house is very close to the wall!!

He is on lowside and I am on highside. Note that his lower site is "benched in" and my higher site is confirmed as following the natural land profile.

But...my house was built long before his and the retwall that was originally built was part of the estate construction, probably put in by the estates developer. In terms of benefit..he benefits because my soil is not falling onto his closely built home. and I benefit because the wall holds up the fence i paid for many years ago.

I know different rules apply to different states. But can some one please help by clearly and simply advising what Qld law is.

Secondly, I am planningvto go to QCAT for a hearing, but would like to know my chances.

I was willing to pay half and my lowside neighbour does not want to pay anything.


***PS: I have a vague recollection that in qld, the lowside neighbour is meant to pay all of it!! but this is a vague recolection and not sure how QCAT sees it.

 

Retaining wall on boundary

 

Get some legal advice (first consult shouldn't be too costly).

In WA, generally it's who changes the natural profile of the land. I.e. if you cut in, you need to retain. If you fill above natural profile - you need to retain.

 

Where a retaining wall forms part of a fenceline there can be issues with the neighbouring fence laws as well.
Take care that a claim for a neighbouring fence complies with QLD law or the tribunal will refuse a request. Definately one for initial legal advice.

 

thanks to all who contributed. I will get some legal advice, but think my case is a pretty strong one. The fact that he is benched in is a case that the land was altered by him.

Anyway. its a shame it has come to this and cant see what he will get out of it...besides a direction from QCAT.

 

Almost all parties to legal disputes consider their case is solid.

 

Check QLD fencing laws.

My understanding is that, if the retaining walls forms part of the fence (as in the fence sits on top of it), then the wall is considered part of the fence and the fencing law applies (usually 50/50 cost split).

 

What is the cost of building a retaining wall?

 

What was the outcome @dodgy ????