VIC Neighbours Garage wall is falling down

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Heathd

Member
18 September 2020
1
0
1
Hi All,

Can anyone please give me some guidance on the following issue.

My neighbours shed/garage is constructed with solid Brick and one side of the wall is right on my boundary line. It is very old and not structurally sound.
The issue i have is that the wall is falling apart and very unsafe. refer attached pictures.
I can actually poke my whole hand through the wall in some of the gaps !!

The wall does not fall under the 'Fences Act 1968' as it is part of a house, garage or other building. The wall has always been visible and we have never had a fence in front of it.

- What Act does this fall under ?
- Who is responsible for fixing this wall ? Neighbor or is it a 50/50 split
- If they dont want to listen to me how do i best get this actioned asap ? Council dont seem interested in these issues so do i engage a lawyer ?

I have had a discussion with my neighbour and they dont want to pay anything as they tell me they have lived there for 21 years and its never been an issue.
My concern is simply around safety as this wall is right next to our clothes line / high foot traffic area.
We also have young children and need to ensure this wall is looked after and safe.

Any help on how i can get this resolved would be appreciated.

Thank you
HD
 

Attachments

  • Houes wall1.jpg
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Rod

Lawyer
LawTap Verified
27 May 2014
6,772
926
2,894
Write a letter, with 4-6 photos, to the owner saying there is a safety issue. Give them 28 days to rectify.

When that does not work, send a letter to the council, attach the first letter, saying there is a safety issue and that you will hold both them and the owner responsible for all damages/injuries if matter is not resolved in say 28 or 60 days.

Then if no action, you put in temporary supports at your cost, and take owner to court for recovery of costs and an order saying fix problem.