QLD Am I Liable for Half the Costs of Retaining Wall?

[Alisdair McKenzie]

My neighbour has come to me to say the retaining wall is looking a bit dodgy and wants to get it fixed.

So question is, am I liable for half the cost? And second, can he force me to get it fixed now as I have just moved in and after other repairs don't have spare cash for this?

 

[Lance]

Hi Alisdair,
Looking dodgy doesn't necessarily mean it's unsafe or not fit for purpose so it would depend on the true condition. Generally its a shared cost for a downed or damaged boundary fence, but if its still standing it could be argued it isn't necessary as long as its safe. Personally I would speak to your neighbour much the same way as you have posted. Tell them that you are strapped for spare cash after the move. If your neighbour is a reasonable person I'm sure they will understand. Moving costs are a significant hit to the hip pocket, it would be unreasonable for anyone to not accept that.

 

[Alisdair McKenzie]

Thanks for that.
You mentioned a boundary fence it's actually the retaining wall at there side when they cut in to level the block. Is that still a shared cost?

 

[Rod]

The property owner that alters the land contour is responsible for the retaining wall. Proving who altered the land can sometimes be difficult. You might need to find old council records.

 

[Alisdair McKenzie]

I did have a look at the council website and queensland site but only has info on fences not retaining walls.