Hi guys,
I'm currently in discussions with my rear neighbor on a required retaining wall to be built as part of a newly constructed fence. It is on a new development site, so no existing or previous fence has been installed.
The situation is: The rear of our block has been cut back level for construction, therefore the fence line requires a retaining wall. Our rear neighbor has also cut back their back yard to level, however it still sits approximately 200mm above our ground level.
They continue to inform me that I am to cover the entire cost of the retaining wall section of our agreed quote, as we are the ones that need it. I have to seek my own legal advice on this, and have been informed that it is the owner of the land that is being retained, or the beneficiary of the retaining wall; ie the owner with the higher ground, that is responsible the the cost.
Just after any information or Act under Property Law that might confirm or deny this, so as to bring a resolve to our situation?
As we have both cut our blocks back to our desired levels, I am more than willing to split the entire cost of both the dividing fence as well as the incorporated retaining wall section evenly at 50-50 for sake of neighbourly relations, but I seem to be up against a non-negotiable stand on this matter.
Any help on this would be greatly appreciated.
Thank you.
I'm currently in discussions with my rear neighbor on a required retaining wall to be built as part of a newly constructed fence. It is on a new development site, so no existing or previous fence has been installed.
The situation is: The rear of our block has been cut back level for construction, therefore the fence line requires a retaining wall. Our rear neighbor has also cut back their back yard to level, however it still sits approximately 200mm above our ground level.
They continue to inform me that I am to cover the entire cost of the retaining wall section of our agreed quote, as we are the ones that need it. I have to seek my own legal advice on this, and have been informed that it is the owner of the land that is being retained, or the beneficiary of the retaining wall; ie the owner with the higher ground, that is responsible the the cost.
Just after any information or Act under Property Law that might confirm or deny this, so as to bring a resolve to our situation?
As we have both cut our blocks back to our desired levels, I am more than willing to split the entire cost of both the dividing fence as well as the incorporated retaining wall section evenly at 50-50 for sake of neighbourly relations, but I seem to be up against a non-negotiable stand on this matter.
Any help on this would be greatly appreciated.
Thank you.