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WA Dividing Fence.. retaining

Discussion in 'Property Law Forum' started by Ash, 8 December 2017 at 12:16 AM.

  1. Ash

    Ash Well-Known Member

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    The dividing fence between us and our neighbour needs replacing. We cannot agree on the retaining wall and who is responsible plus how the costs are split.

    Some fences have a plinth that can be installed at the bottom to retain a small depth of soil (under 50cm)

    Would the plinth, which is retaining less than 50cm of soil, be part of the fence (comes under the dividing fence act) or would it be defined as a retaining wall under the building codes.
     
  2. Tripe

    Tripe Well-Known Member

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    As a rule retaining walls don't come under the dividing fences act.

    Cost of repair is normal worked on who benefits from converting sloping land to a flat surface.

    If your land has been raised 1m and you neighbors land has been cut 0.5m, then you would be liable for 2/3rds of costs.

    Google is your friend, look up "retaining wall" share of costs in your state

    A boundary fence is normally 50/50 share of cost
     
  3. Ash

    Ash Well-Known Member

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    Thank you for your response. I know from my research and understand retaining walls don't come under the dividing fence act.

    My query is would an extra panel being added to bottom of the dividing fence:-
    - be part of the dividing fence; or
    - would the panel fall under the regulations governing retaining walls as the panel is being installed to retain a small amount of soil (around 30cm).
     
  4. Tripe

    Tripe Well-Known Member

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    a 0.3m panel is not a fence, a residential fence needs to be 1.5m above the ground and rabbit proof.
     
  5. Ash

    Ash Well-Known Member

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    Of course 0.3 is not a fence...this is a panel which is added to the bottom of fence the same way a privacy latice is added to the top of a fence.

    Given the panel would be retaining a small piece of soil does it make it a retaining wall and therefore fall under different legislation than the fence OR as it attached to the fence be part of the dividing fence legislation OR maybe neither ?
     
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