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NSW Neighbouring Fence and Retaining Wall Costs

Discussion in 'Property Law Forum' started by djdapto, 24 October 2014.

  1. djdapto

    djdapto Member

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    Hello.
    My wife and I have just been told by our new neighbour that he wants to replace our existing fence with a new Colorbond fence.

    While we have always been of the belief that we're obliged to pay half the costings of a suitable fence, we are now being told that we will need to pay for half the cost for him to build a retaining wall on his side of the fence line - so, his property.

    I was just wondering if anyone has had similar experiences or can offer some advice on the subject?
    We have had so much conflicting information about fences and property law seems to vary from State to State.

    Thanks in advance
     
  2. Owens Lawyers

    Owens Lawyers Well-Known Member

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    Who is telling you you need to pay for half the costs of the retaining wall?

    Generally a retaining wall is not covered by the Dividing Fences Act (and so not subject to payment of equal shares by neighbours) unless the retaining wall supports the dividing fence.
     
    Sarah J and djdapto like this.
  3. Sarah J

    Sarah J Well-Known Member

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    I agree with Owens Lawyers. You should not have to pay for the retaining wall on your neighbour's (side of the) property.
     
  4. Rod

    Rod Well-Known Member

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    I thought the principle involved here is that whoever altered the pre-existing contour (either adding dirt, or digging it away) was responsible for the retaining wall.
     
  5. Owens Lawyers

    Owens Lawyers Well-Known Member

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    I'm only referring here to the Dividing Fences Act. If it supports a dividing fence it falls under the act. If it doesn't, it doesn't. However, there may be other principles that apply here (for example, easements for support). Though that's outside my area of expertise unfortunately
     
  6. winston wolf

    winston wolf Well-Known Member

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    I agree with Rod. I did some research a couple of months ago on this subject and the wall is dependent on the original soil level prior to land development.
    ie if you cut in its your retaining wall and if you build up its your responsibility.
    The fence on top of the retaining wall is shared.

    I have a combination of all three on my property o_O
     

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