VIC Help with Retaining wall

[isabellamcc]

Hi, I'm really stressed and need some help on retaining wall.

My house was demolished Aug 2018 at that time neighbour also build their house and their garage is built on our boundary line.

Our land is lower and our neighbour's land is higher by 30-40cm.

in Oct, we received the letter from neighbour said we demolished our house included our brick driveway make the soil lost on the boundary, they request us build the retaining wall ASAP.

As our site still haven't start, we checked with our demolishment company and they said they haven't cut the slope.

Our site work will start Feb next year. At that time, we will get the retaining wall on our plan however neighbour requested we fix it ASAP because their garage is built on the boundary and garage foundation is exposed. if we build the retaining wall now, the builder will remove it once the site start on Feb, so this retaining wall for us is a waste.

1. As they mentioned it is urgent, is it reasonable for me to request them to provide engingeer report to prove it's urgent status?

2. Can I request 50/50? Neighbour said becasue we remove the brick driveway however they are also building the house at the boundary, I am not sure they also have responibility for the retaining wall.

Thanks a lot.

 

[Rod]

This is a 'it depends' scenario.

In direct answer to your questions:
1. Yes, though you can be liable to pay for the report, and remedial work, if your demolishment is the cause of their issue.
2. Maybe.

There are two factors at play that will influence who pays for a wall.

1. Who originally altered the contour of the land, and
2. Has your demolishing cause any damage to their property.

If you or a previous owner of your land originally altered the land, then you will be responsible for 100% of the remedial work.

If the other owner built up their land and didn't support it properly they may be responsible for part of the remedial work. But from your post it is implied there was no issue before you demolished, so the likelihood is that you are the cause of the problem and therefore responsible. Without detail and history and photos it hard to be confident.

You may need to see a lawyer.

 

[Tripe]

You can not undertake an activity that undermines your neighbors land.


The best option, is to see if you can get a “expert report” that says the area will be ok until it can be fully retained after your house build.