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Retaining Wall Issue

Discussion in 'Legal Issues' started by Sachi, 30th Mar, 2016.

  1. Sachi

    Sachi Member

    Joined:
    4th Jan, 2016
    Posts:
    17
    Location:
    Brisbane
    Hi All,

    I have recently signed the contract to purchase a lot, with the settlement date today. However, I am experiencing following difficulties now:
    • The neighbor has “filled” the land and raised the height of their lot by approx more than 1 meter to put the concrete slab, after I signed the contract. All the lots are on a slope and neighbors' lot is on the higher slope but before the neighbor constructed their property, it appeared totally flat. I contacted the council and they advised me that because the land is on a slope and the neighbour simply did a cut and a fill on their lot, I will have to bear the retaining wall costs to claim the area being encroached by the soil deposit, or I could even leave it as it is. But the problem with leaving it as it is that the soil put on lot by the neighbour, to support their concrete slab is encroaching upon my lot (pics attached) and my lot size will become smaller.
    I feel that I have to bear the costs of this retaining wall when I have not changed the lot at all. Neighbor's apparent cut and fill is the cause of this imbalance. Secondly, if I leave it as it is my lot is being encroached upon, am I entitled to remove the soil from my land ? My other concern is that it is possible that neighbour has brought soil from some other place to do the fill, as the height has gone significantly up, and I doubt that cut and fill on his lot alone would have led to 1 meter increase in height. How should I convey/prove this to the council ?

    P.S If you see the picture carefully the orange stick is the marking of my lot, and the soil deposit by the neighbour (to support the slab)is encroaching upon the boundary.


    Slope Evident and deposit encroahing my lot.jpg The orange stick here shows the start of my lot and you can see boundary has been crossed.jpg 1 Meter high slope created.jpg Slope Evident and deposit encroahing my lot.jpg The orange stick here shows the start of my lot and you can see boundary has been crossed.jpg 1 Meter high slope created.jpg Soil Deposit.jpg Orange stick can be seen here
     
  2. bashworth

    bashworth Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    104
    Location:
    Footscray
    I would be talking to a lawyer rather than the council.

    The council will only be interested in making sure that any retaining wall meets standards, not arbitrating in a dispute between adjacent landowners.
     
  3. Skilled_Migrant

    Skilled_Migrant Well-Known Member

    Joined:
    21st Jun, 2015
    Posts:
    688
    Location:
    Melbourne
    +1. Who alters the natural surface level retains it. Talk to a lawyer. You might need a land surveyor to do a level survey.
    BTW did you ask the neighbor if he/she intends to build the retaining wall ? All this might be resolved with a small talk.
     
    lewy89 likes this.
  4. lewy89

    lewy89 Well-Known Member

    Joined:
    2nd Mar, 2016
    Posts:
    92
    Location:
    Brisbane
    another +1
     
  5. Joshwaaaa

    Joshwaaaa Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    376
    Location:
    Adelaide
    Id be trying to get in contact with the neighbour first they may already have plans in the pipeline for retaining, if it's 1m or below they wont need to put plans in with the council. The dirt over flow may just be a temp thing.