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Retaining wall problem between investment properties

Discussion in 'Repairs & Maintenance' started by lisawithane, 15th Feb, 2016.

  1. lisawithane

    lisawithane Well-Known Member

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    Sydney
    I have a retaining wall issue at one of my investment properties. My block is on the lower side and has a timber retaining wall, then fencing on top. I think the wall is dangerous and worried about the safety of my tenants if anything was to happen to this fence. The adjoining property is an a investment property and in the past the owners haven't been too interested in fixing.
    My questions are:
    who's responsibility is it to pay for the repair?
    What happens if the other investment property is not interested in fixing?
    any guesstimates on what it would cost?

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  2. bob shovel

    bob shovel Well-Known Member

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    Retaining walls aren't as easy as a 50/50 share like a fence.

    Have you spoken to the owner at all? Or the pm?

    Do you know where the boundary is?

    As the wall is retaining their property it is their wall (still lots of grey areas though).

    I think they pay the wall, then 50/50 the fence would be generous. But it is their wall that has failed bring the fence with it. It really depends on both parties and how they deal with it.

    Would you consider paying a portion of are you playing hard ball and want nothing to do with it (you sound reasonable in your OP):)
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Aargh! The old retaining wall argument. Generally, it is the property above which has the right of support - which in most cases means some one excavated your block to make it level thus requiring the wall to be built. That puts the financial obligation in your court (unless they have filled the land causing overloading).

    They may pay for 1/2 of the fence.

    As per @bob shovel - the position of the fence line will determine who owns the retaining wall and responsibility for maintenance.
     
  4. bob shovel

    bob shovel Well-Known Member

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    Tomayto, tomato?

    Oh they're a doozy :cool:

    I looked at it like they have used fill for the top side
     
  5. bob shovel

    bob shovel Well-Known Member

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    Get the council plans out!
     
    Scott No Mates likes this.
  6. lisawithane

    lisawithane Well-Known Member

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    Sydney
    My PM has tried to contact them numerous times without any luck so not sure if the other owner isn't interested or their PM isn't passing the message on.
    I don't mind paying if it's my legal obligation but don't want to pay for it if it's supposed to be their responsibility if you know what I mean.
    I just don't want it to fall down and injure my tenants and cause all sorts of problems.