We are building in QLD and were instructed by our builder to construct a retaining wall on our high side (left) as there was a 600mm fall there to our neighbours, we constructed the 38m long retaining wall straight down the boundary with no issues and negotiated with those neighbours to each split the cost.
Now we are finished construction and our right hand side also needs a retaining wall as there is a 600-700mm rise onto our neighboring block (so in this instance we are the low side and they are the high).
They are refusing to construct a retaining wall as they do not believe it is their responsibility, stating that we are the low side and it is our responsibility to hold their land.
We have approached them on several occasions with different options to have a retaining wall constructed on the mutual boundary and split the cost as we really need one to even fence along that side but each time they have denied our request, refusing to contribute, on one occasion we even put our hand up to buy the materials and construct it ourselves butting up against the boundary line however they would not even provide permission for us to lay ag pipe down the boundary of the blocks (and drainage gravel) in the event a wall was constructed, stating they would not give up any of their land - we have left this idea now as we believe that if we constructed the wall, they would give us endless issues about how it was constructed, so we are again pursuing splitting the cost of a professional to create it.
These houses are quite close together and their land is eroding onto ours with every downpour of rain (there is just dirt, no landscaping \ grass).
We don't believe we should have to foot the cost of an entire retaining wall to hold up their land, in fact, we only need it to build a fence on, there isn't any other benefit to us, the erosion on their property would eventually slip away from under their slab too.
We've searched and searched and searched but there is nothing easy to find which governs this situation, if anyone can help I would greatly appreciate it.
I should also mention, we both cut and filled our land for our home, as did the neighbor. Both have altered the slope of the land, the front has increased in size and the rear decreased.
Now we are finished construction and our right hand side also needs a retaining wall as there is a 600-700mm rise onto our neighboring block (so in this instance we are the low side and they are the high).
They are refusing to construct a retaining wall as they do not believe it is their responsibility, stating that we are the low side and it is our responsibility to hold their land.
We have approached them on several occasions with different options to have a retaining wall constructed on the mutual boundary and split the cost as we really need one to even fence along that side but each time they have denied our request, refusing to contribute, on one occasion we even put our hand up to buy the materials and construct it ourselves butting up against the boundary line however they would not even provide permission for us to lay ag pipe down the boundary of the blocks (and drainage gravel) in the event a wall was constructed, stating they would not give up any of their land - we have left this idea now as we believe that if we constructed the wall, they would give us endless issues about how it was constructed, so we are again pursuing splitting the cost of a professional to create it.
These houses are quite close together and their land is eroding onto ours with every downpour of rain (there is just dirt, no landscaping \ grass).
We don't believe we should have to foot the cost of an entire retaining wall to hold up their land, in fact, we only need it to build a fence on, there isn't any other benefit to us, the erosion on their property would eventually slip away from under their slab too.
We've searched and searched and searched but there is nothing easy to find which governs this situation, if anyone can help I would greatly appreciate it.
I should also mention, we both cut and filled our land for our home, as did the neighbor. Both have altered the slope of the land, the front has increased in size and the rear decreased.
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