Boundary and retaining wall dispute

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
1
0
1
We live in mount kembla NSW. Our rear neighbour is building a garage at the rear of their property which is down hill from us. They have excavated right up to our boundary lines. After some rain there was soil collapse affecting 4 adjoining properties. Since then a concrete block (blocks the size of hay bales) retaining wall has been erected that is on both my property and my next door neighbours.( ie not on the land that the construction is happening on.)
Approximately 1m in front of this they have also erected what appears to be the rear wall of what will be their garage. This wall is exactly where the existing fence lines would sit.
On checking in with the builders the claimed that the large concrete block retaining wall wasn’t on our land as a surveyor had determined that the boundaries were incorrect. No pegs were evident (apparently had fallen in when the land collapsed), no discussion was had prior and so survey report has been provided. Independent certifier checked work and seemed happy enough as they retaining wall was “only slightly on ajoining properties”
Where do we stand? And what would our next step be?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
What do you want to happen?
 

Tripe

Well-Known Member
22 May 2017
229
14
619
I don’t think you are going to get much clarity on the matter, until you can work out where your rear boundary is.

The certifier? Is not a land surveyor, get you own boundaries setout, and work out where the retaining wall is.

Normally a garage that is built on the boundary in a residential area, would breach setback limits and should of been advertised. You should of been notified by the council about your neighbors building plans and been given the right to object to the proposal.