Hello I am in a very upsetting situation.
in 2015 my neighbour asked me to pay for half of a new boundary fence so i agreed the quote was for a 1.8m colourbond fence. I was not well so I didnt see the fence getting built. When I went down to check the fence there was a soil gap of about 5 inches to the fence and he had the fence start at the base of his land (i am on the high side) I didnt know anything about retaining walls I thought they must have dug out the land to build the fence. The 1.8m fence is only 1m on my side. Im an easy going person I thought oh well the land will settle and all will be fine, so i didnt say anything.
Now I know why the gap was there he removed the retaining wall my land has sunk im missing so much soil the base of the fence was empty and because I cant see the low side i could be continually loosing soil. It's effecting my building and deck posts are sinking.
I have called council, the police no one will help me to get access to build the retaining wall. My plan was to build the retaining wall then take the neighbour to small claims court to get my money back.
Do I have the right to go on his land to build the retaining wall?
in 2015 my neighbour asked me to pay for half of a new boundary fence so i agreed the quote was for a 1.8m colourbond fence. I was not well so I didnt see the fence getting built. When I went down to check the fence there was a soil gap of about 5 inches to the fence and he had the fence start at the base of his land (i am on the high side) I didnt know anything about retaining walls I thought they must have dug out the land to build the fence. The 1.8m fence is only 1m on my side. Im an easy going person I thought oh well the land will settle and all will be fine, so i didnt say anything.
Now I know why the gap was there he removed the retaining wall my land has sunk im missing so much soil the base of the fence was empty and because I cant see the low side i could be continually loosing soil. It's effecting my building and deck posts are sinking.
I have called council, the police no one will help me to get access to build the retaining wall. My plan was to build the retaining wall then take the neighbour to small claims court to get my money back.
Do I have the right to go on his land to build the retaining wall?
