QLD Boundary fence - Retaining wall

Discussion in 'Superannuation Law Forum' started by Victor Phillips, 1 July 2018.

  1. Victor Phillips

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    Hi, my name is Vic and I am enquiring about our legal obligations to contribute to a retaining wall.
    Our neighbours yard is collapsing in to our yard and they have requested that we pay for half the retaining wall to fix the poor state of the yard and boundary fence. We advised that we would be happy to pay for half of the new fence, however, the retaining wall, benfits them and therefore, should be up to them to pay for this portion. A retaining wall is needed to install a new boundary fence and the neighbours yard is on the high side to our property.
     
  2. Rob Legat - SBPL

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    Somehow this has turned up in the Superannuation thread - it should be in the property one.

    The general rule with retaining walls is that whoever caused the need for the retaining wall pays for it. For example, if you dug into the land you pay for it. If your neighbours built up their land, they pay for it.
     
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  3. Victor Phillips

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    Hi Robert, apologies, not sure why it ended up in the wrong thread.
    Thank you for your reply. I thought this was the case and needed to check, the neighbours have filed a QCAT form #53 requesting us to pay for half the retaining wall stating this is needed in ordr to build a new boundary fence, however, we saidnwe would contribute to the fence only, which they are now disputing.
     
  4. Rob Legat - SBPL

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    Okay, they're going to have problems. Section 11 of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 specifically provides:

    "11 Meaning of fence

    (1) A fence is a structure....

    (2) However, a fence is not -

    (a) a retaining wall;"
     
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  5. Victor Phillips

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    Ok, thank you Rob!
     

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