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VIC Landscape Solutions - Who Pays for the Retaining Wall?

Discussion in 'Property Law Forum' started by Syed Hussain, 4 June 2015.

  1. Syed Hussain

    Syed Hussain Member

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    Hello all,

    I am building a new property in a new estate, and my right side neighbour is building one, too. There is a concrete retaining wall that is 1 m high and 20 m long built by developers between my land and my neighbor's land from day one. My land is on the higher side and the neighbour's on the lower side, but this is how they were from day 1, when the lands were sold.

    The problem is, for some reason the developers did not build the retaining wall all the way to the rear side and left a 3 m gap at the rear corner at the boundary line. I already tried to approach the developers and asked if there is any possibility of extending the retaining wall, but they said this is how it is suppose to be as per engineering, and that my neighbour and I need to explore possible landscape solutions to create a barrier between our lands.

    So as per the developers' suggestion, I approached one of the fencing companies. The quote was prepared so the costs of both the retaining wall and the fence can be shared 50 - 50, but my neighbor is refusing to pay for the retaining wall and saying that because my land is higher, it is my requirement to build the retaining wall, therefore I have to pay the full amount.

    I would like to ask if my neighbour is correct. Should I pay the full amount?

    Thanks
     
  2. ClareB

    ClareB Well-Known Member

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    Can you please confirm whether the retaining wall will be on the boundary line?
     
  3. Syed Hussain

    Syed Hussain Member

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    yes the proposed solution is to build 3 m retaining wall on boundary line and will be build as an extension of existing 20 m retaining wall and then fence will be build on top of the retaining wall.
     

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