Retaining wall, who is responsible for costs?

Is it like a fence where it's 50/50?

Or the owner of the side that has the retaining wall?

 

Generally, the property on the high side has the right of support and the lower property is burdened to provide that support. This is generally shown on a covenant (IIRC) - in most instances, the lower property has been excavated to change the lie of the land (some cases have been filled but the obligation will lie with the property on the low side). @lixas4

 

Interesting. Neighbour had to pay for new retaining wall about 14years ago. My property is on the low side. The reason was the natural contour of the land - next door built up with soil and my property followed natural contour. This was Brisbane btw...

 

Retaining walls is tough one to answer as it is not the same as boundary fencing. However some instances both property owners agree to 50/50. The property owner is responsible for retaining their land from your property if it has been built up....

Retaining walls are built to support built up or excavated earth. They are normally not a matter of joint responsibility for neighbours as they are usually benefit one neighbour more than the other.

 

i agree with Brooke,
what was the original contour of the land, was you lot filled (retained) or excavated or were both lots altered from original contour.
is the wall contained wholly within your lot
is there any covenant or easement on your title in regards to "support"
it is a bit of a grey area if no formal restriction has been noted on title.
i have seen this in some subdivisions where the developer has benched all the lots and built cheap log retaining walls with no clear easements or restrictions set in place.

 

This is the general rule, unless specific circumstances rule otherwise.

 

Whoevers property the retaining wall is situated on will be responsible to maintain it. If the wall sits on the common boundary both owners will be jointly liable to maintain it.

If you are excavating you will need to install a wall on your lot to support your neighbours land. If you are filling in your lot you will have to install a wall on your lot to stop your fill encroaching on your neighbor

 

@jaybean

Retaining Walls

although it relates to legislation in SA, a common approach could apply.

 

It will depend on the State the property is located in and who's lot the wall is located on. A retaining wall is not treated the same as a dividing fence.

 

What if the upper property damages the wall through renovation? This has happened to me. They say I have the responsibility of the costs, even though they knowingly damaged it. They are now doing more renos that are going to do more damage and they won't tell me exactly what is happening.

 

retaining walls are a lot more complex.

was it because the low side cut that it was supported; or

was it because the high side was filled; or

is it a bit of both.

sometimes it is obvious, others not.