QLD Issues with Retaining Wall - Lawyer?

[cassie2301]

Does anyone know a lawyer who can help us with our retaining wall issue?

We have spoken with 3 in Brisbane so far and none of them have come back with any information to help us. We just want a lawyer to help us.

 

[Sophea]

Hi Cassie,

What is it you want the lawyer to do? What is the situation? Often if a lawyer doesn't want to help you its because they don't think you are going to be successful in what you are attempting to do.

 

[cassie2301]

Hi Cassie,

What is it you want the lawyer to do? What is the situation? Often if a lawyer doesn't want to help you its because they don't think you are going to be successful in what you are attempting to do.

We need a lawyer to give us advice on what we can do now that our neighbour has removed the retaining wall on his property. It has only been 36 hours and already our back fence has become unstable and some of our land has slipped down into his yard.

As explained in my previous post, the retaining wall is on his property behind the boundary fence. We are at a loss as to what to do now.

 

[Sophea]

Hi Cassie2301,

Yes if a fence or other aspect of your property is damaged or undermined when a neighbour excavates on their own property, they must pay for the repairs or replacement. In extreme cases, excavation can cause soil subsidence causing structural damage to the home even though the work is carried out well within the boundaries of the adjoining property. Your neighbour may therefore be considered responsible for any subsidence and damage to your property as a result of removing the retaining wall.

You can find a lawyer to assist you here: Find a Lawyer & Book Online Instantly

 

[Hulagirl]

Hi Sophea,

Can you please point me to where I can confirm legally that my neighbour is responsible for repairing a retaining wall if they have excavated on their own property.

Regards

 

[Rod]

Call a lawyer or arrange mediation. I don't think, but not 100% sure, that QLD has any statutory laws on retaining walls and you need to rely on common law claims and remedies. It is not something easily managed by a non-legally trained person.

 

[@thelawbundle]

Hulagirl,

Provided that you are in Queensland, check out this thread (particularly the second post by Rob Legat): QLD - Who is Responsible for Replacing the Retaining Wall?

It's not clear what your specific circumstance is, but if it's anything like Sophea has described, the section of the Property Law Act mentioned by Rob Legat could be what you're looking for.

Best wishes.