Who pays what with retaining wall?

Discussion in 'Repairs & Maintenance' started by Victripper, 10th May, 2020.

Join Australia's most dynamic and respected property investment community
  1. Victripper

    Victripper New Member

    Joined:
    10th May, 2020
    Posts:
    2
    Location:
    Melbourne
    Hi All,

    Just wondering if anyone can clarify who pays what with a retaining wall.

    Is it always 50/50?
     
  2. bmc

    bmc Well-Known Member

    Joined:
    18th Oct, 2015
    Posts:
    1,114
    Location:
    Sydney
    not always.
    does the wall straddle the property boundary.
    is it mutually supporting a dividing fence.
    does it stand wholly within one property.
    is there any "easement for support" over the wall. if so maintenance may be set out in the conditions.

    tried the search function ?

    it's not always black and white.
     
    vbplease and Stoffo like this.
  3. Victripper

    Victripper New Member

    Joined:
    10th May, 2020
    Posts:
    2
    Location:
    Melbourne
    I have been reading through a lot of threads and seems to be a very much a collection of answers based on state high side/low side and who changed land fall level
     
    wylie likes this.
  4. vbplease

    vbplease Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,575
    Location:
    Brisbane
    A retaining can be built to lower the natural ground level or increase it.. so, who is on the low or high side is irrelevant.
    I’d try to work it out amicably with the neighbour, based on who’s property has it been built on and who it benefits? You may need a survey.
    If you can’t work it out with the neighbour, you’ll probably need a solicitor
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,100
    Location:
    Sydney or NSW or Australia

    Which side of the fence do you sit on? Is it falling into your land or from your property?
     
  6. chindonly

    chindonly Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    686
    Location:
    Brisbane
    In Brisbane, it depended on who altered the natural fall of the land. Our block had been built up higher than all neighbours on three sides, so a few years ago I was responsible for replacing the failing retaining wall on one side, but we went 50/50 for the fence on top.

    May be different in various states / cities.
     
    Tom Rivera and wylie like this.
  7. Scaphella

    Scaphella Well-Known Member

    Joined:
    6th Jun, 2016
    Posts:
    535
    Location:
    WA
    We went halves.
     
  8. bashworth

    bashworth Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    258
    Location:
    Dandenong
    It can get complicated so if you are buying a block that is likely to need a retaining wall its best to get a lawyer to set up an agreement before you buy.

    There is some more information at this link Retaining Wall Fairness – A New House