QLD Neighbouring dispute, fence and retaining wall

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budz123

Active Member
3 June 2018
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0
31
Hi,
I have been having issue with my neighbour at the back. Originally we agreed to replace our comon boundary fence and it was made from asbestos. Happen that he also demolished his house. My understanding was a new fence should be erected after the old fance being removed. He then dug a massive pit closer to our boundary line approx 10m deep bellow the line. Then the new fence can't be instaled. This caused my property collapesed lost soil and foundation of my property due to lack of safety measurment by the builder. Prior replacing the old fence. My property was 100 cm higher before demolition and both property dont have retaining wall prior old fence removal as the old fence used to secure both land. He refused to be responsible to this as he blamed us not having a retaining wall. Who is responsible to this? He finished his house and leave a big mess doesnt seem to care to repair my property to the original state.
Thank you
 

budz123

Active Member
3 June 2018
6
0
31
Different occation this neighbour (third party) his wall within his boundary collapesed due the lack of care from his construction worker and has damaged asbestos adjoining fence as pool barier next to my next door neighbour. One panel has completly destroyed took away and one section damaged on the clapping. His only agreed to pay repairment or replace the broken section. Sinch this fence was made from asbestos our fence cant be repair. No fence company would touch it. The only way is to remove them all then install a new fence. Prior to the damaged our fence was sufficient and this matter forcing us to remove the whole fence. Who is liable to pay the cost? Currently looking for an urgent fencing work to make our pool fencing meet standard safety requirement
 

Rod

Lawyer
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Rob Legat - SBPL

Lawyer
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Gold Coast, Queensland
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You'll also find that he's probably in breach of the development requirements. Moving that amount of soil is likely to have required Council approval (change in ground levels), which would come with a requirement to retain. Report the matter to Council.
 

budz123

Active Member
3 June 2018
6
0
31
1. Back neighbour is responsible for the cost of restoring the land.

2. Side neighbour is responsible for paying to have the fence repaired. If the fence is very old it may be seen as at end of life and not unreasonable for you to contribute something to the new fence.

Read this: Disputes about fences, trees and buildings | Your rights, crime and the law | Queensland Government



2. our dividing fence between my next door property has nothing to do with the damaged of our adjoining fence. it was our third party neighbour at the back who happened removed his old fence within his boundary and collapsed on our fence. currently one missing panel and one panel damaged. the fence is sturdy and still in a great condition except the missing part and the broken part. he just want to pay the repair but it cost us to remove all fence and install a new one. this fence made from asbestos and it can't simply repair attach a new fence to the current fence. it won't compliance to poll safety standard. he was arguing because I have crack in the corner of the fence and he claims should be thank to him for destroying our fence.
 

budz123

Active Member
3 June 2018
6
0
31
You'll also find that he's probably in breach of the development requirements. Moving that amount of soil is likely to have required Council approval (change in ground levels), which would come with a requirement to retain. Report the matter to Council.
sorry I want to clarify I probably calculated wrong how deep he cut just behind our boundary but it was enough to built a new swimming pool. their property still way lower than ours
 

Rod

Lawyer
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27 May 2014
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What he does his side is only relevant to the extant it damaged your property.

My opinion, based solely on your posts, is that the neighbour is in the wrong. If you want to take action, then read the link I provided and commence action against the neighbour that caused the damage.
 

budz123

Active Member
3 June 2018
6
0
31
sadly council didn't help. we have been advise to go to QCAT as this matter wasn't really council job. we have been having this issue for over 1 year now, throwing here and there. their house is complete and part of agreement the owner will backfill our soil but funny he asked us to put a retaining wall on our property. We also asked he has to pay for asbestos fencing was damaged by his contractor then he refuse as it wasn't reasonable to get us a new fence and he took the offer back to backfill our property :mad:. it looks like going to be a long battle and have to put up leaving with this neighbour. time, money etc. if we know that we have to take action asap after this incident would be much easier I guess