Are neighbours required to build and maintain retaining Wall? Is there a way to expedite and ask them nicely to do it if the structure of your property is at risk if they don't build it? what if they are strapped for cash.
Minimal info? Of Course there is, doesn't mean they're gunna pay any attention to you though, could also tell you to go... Depending on local reg's, its the upper property that needs supporting responsibility to install a retaining wall. However, it can also be first in best dressed (for lack of a better term), if the lower block moved in first and wanted their block level etc. Unfortunately boundary fencing, walls, trees etc is one of the most frustrating domestic issues to deal with, If the wall begins to fail both neighbours feel its the others problem, and the council aren't much help, either way it can ruin good neighborly friendships, or just make things Very awkward.
I was advised that it was the higher property had a 'right of support' & that the lower property had to ensure that it provided support to the higher property (providing the higher property hasn't raised the levels by filling).
Yep, as said it's a confusing situation that even lawyers on talk back radio Q&A's never have a clear answer when a caller explains their situation. My opinion; If the upper properties house/structures are close to/requiring the support of the wall, and the other lower properties house/structures is far from it, the upper should provide/maintain it for themselves. Vice Versa for the lower If both properties houses/structures are equally close/require it they should equally share responsibility UNLESS one or the other neglects or does something which causes integrity. In my case I'm the lower, the neighbour has a huge tree right next to the wall, the roots are pushing the wall out, he reckons its my problem...
We had a situation with a retaining wall at one of our IPs a cpl of years ago (QLD). We went to council to find out the rules and were told that it depended on what the "natural levels of the land" were prior to development, ie which block was either cut or filled to provide a flat house pad. Unfortunately, such records were not held for the subdivision we were in (done in very early 90's, I believe), so then the council's response was basically that we had to sort it out between ourselves (ie the three neighbours affected by the retaining wall). Thankfully all of us were fairly keen to see a resolution so we worked out a percentage based loosely on the fences rule, and just proceeded to have it replaced. I was surprised that there was no set rule on how it should be handled, though.
Yup it depends who's cut/filled away from the natural lay of the land. Put some pics up and it should be pretty easy to tell
