Who is responsible for failing retaining wall?

2.4m from centre of post to centre of post.

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*Drawing is not to scale

Also, those walls are yooj. Dodgy, dodgy developers building walls that high from timber sleepers.

 

Retaining walls are a legal minefield. The relevant factors of where the retaining wall is located and the natural contours of the land (ie who has cut/filled) will be relevant, but there is also generally a common law duty of support/not to erode onto your neighbours land. Speak with a lawyer if you want to pursue this.

 

Are you able to speak with an ombudsman with regards to this.?
Also any retaining wall over a 1 mtr in height has to be engineered and built to this design and signed of by council or certified. Find out if possible who certified it and if it's not done correctly it's there fault and you can contact them for resolution.
Good luck.

 

There would be thousands of retaining walls built like this in housing estates!
Ill just get my shovel and invoice book, there will be walls falling over everywhere!! $$$$

 

Your first photo showed your house being higher, with a retaining wall inside the fence line.

But based on this comment & your photo of the neighbour's house - this is their problem to fix, and it could leading to building problems on your side.You need to get legal advice & speak to council properly - maybe serve them a notice to rectify.

 

@devank - I must have missed the news article that a sinkhole opened up in your street.

A survey will identify how far into the neighbouring property the retaining wall lies, a title search will show any caveats giving rise to a right of support for the higher properties, a review of the development approval and any S96.


(edit: I'm assuming that your neighbour 2 down, behind and yourself haven't filled your properties to build a hill/create a valley. )

These actions will put the retaining wall into context.

 

Indeed!
This really changes things. This thread has now gone from some basic landscaping on your property to a massive cliff on your neighbour`s property.

It appears that your neighbour has cut into the block quite deeply, maybe to accommodate a 2 story house or gentle driveway slope, IDK. Unless yours & surrounding blocks have been filled, but unlikely. Are there any height restrictions from council or caveats?

It`s definitely time for some legal advice now. Will help to first gather as much info as possible, from your conveyancer, council and LTO; such as subdivision plans & caveats, builder`s plans & elevations, surveyor`s certificate & notes, topographical maps, even google earth timeline may help if <20yrs.

 

TBH, this is the first time I noticed the front of the neighbour's house.
Obviously, the land is sloping to the front. It looks like they have cut the front land so that they can build a double story in the front.

 

Those retaining walls are 2m+. Neighbour have engineering approval.? Councils have online dev approval tools. Cut or fill needs approval...go to council.

3 sides seems cut 2m+

 

TBH I feel sorry for that property owner - all those walls! And the block must have been very steep at the front - it's hard to imagine what the block looked like before building, in light of the road.