QLD Costs of Fences and Retaining Wall?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
30 April 2018
3
0
1
I own a 4 bedroom townhouse inside a complex. On one of my boundary resides a retaining wall with a dividing fence bolted to the the retaining wall. The fence is definitely in need of replacement and the retaining wall is probably not far off it. As I understand the cost of the fences is 50/50, but what of the retaining wall?

To install a new fence, this requires the retaining wall to be of sound condition, which it is not. The retaining wall provides beneift to both our blocks, by creating more "usable" land for both. My house is on the higher block of land and the retaining wall supports my land up while also creating more space for my neighbours block on the lower side.

Any help on this matter is greatly appreciated


https://photos.app.goo.gl/ryNkhEGMf6GgUzBd6

https://photos.app.goo.gl/zysfNnwChnyTkP1E8
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
The method of bolting seems to be the main problem. Fix that and you'll get another 5+ years out of both wall and fence.

re: who pays costs of retaining wall. Whoever altered the level of land. If both altered the level, then in proportion to the amount of alteration.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
You've also got the added consideration of whether the fence and retaining wall are part of the common property, and who has the obligation/right to maintain it.
 
30 April 2018
3
0
1
The method of bolting seems to be the main problem. Fix that and you'll get another 5+ years out of both wall and fence.

re: who pays costs of retaining wall. Whoever altered the level of land. If both altered the level, then in proportion to the amount of alteration.

Ideally we want the fence posts concreted inside the retaining wall. For that to happen we want a sound retaining wall aswell.

As both our blocks reside inside a complex the land was altered at the same time when the whole complex was built I imagine. However I guess I can measure the amount of usuable land both parties have and split the cost in proportion to that.