Dear Law Answers,
This question pertains to the obligations (in terms of cost) of retaining walls in Brisbane.
We've bought a lot of land in Brisbane's south-east that we are now building on. Our side neighbour, who has already moved into his home (newly constructed) is on land that is almost 1.5 m lower than our pad height.
There was a gradient (downwards) which used to begin approximately 3m on the inside of our boundary and finished 2m on the inside of his boundary. This is as is reflected on the contour survey we had completed on December 2014, prior to either of us commencing site works.
In April last year, I noticed that his builder had completed site works. I noticed that:
The first interpretation of this is that our neighbour cut their land, such that the horizontal extent of the slope into his lot has significantly reduced. The second interpretation of this was that our neighbour also scraped away at the soil on our side of the boundary.
Because I thought it unusual, I took a photo of the new slope between our properties in April when I noticed it. We have come to a stage in our build where we are considering a retaining wall on/close to that boundary.
Regarding retaining wall costs, we have had some expert advice (which is no longer available to us) that the cost of any retaining is borne by the party that creates the need for retaining.
While retaining our land on or close to that boundary is our choice, we believe we are due some compensation from our neighbour because the cost of retaining has been exacerbated by his builder demonstrably having cut at the slope and steepening the slope on our side.
I've approached the neighbour about this (in person and over emails) and he washes his hands of any liability.
Can I have some indication on whether property law supports our position?
If so, what would be the best way to proceed?
Thank you all for your help in advance.
Sincerely,
This question pertains to the obligations (in terms of cost) of retaining walls in Brisbane.
We've bought a lot of land in Brisbane's south-east that we are now building on. Our side neighbour, who has already moved into his home (newly constructed) is on land that is almost 1.5 m lower than our pad height.
There was a gradient (downwards) which used to begin approximately 3m on the inside of our boundary and finished 2m on the inside of his boundary. This is as is reflected on the contour survey we had completed on December 2014, prior to either of us commencing site works.
In April last year, I noticed that his builder had completed site works. I noticed that:
- the 'slope' on his side of the boundary was significantly reduced
- the gradient of the slope on our side of the boundary appeared steeper
- there were clear 'scratch' marks on the slope apparently from earth movers on the slope on our side of the boundary.
The first interpretation of this is that our neighbour cut their land, such that the horizontal extent of the slope into his lot has significantly reduced. The second interpretation of this was that our neighbour also scraped away at the soil on our side of the boundary.
Because I thought it unusual, I took a photo of the new slope between our properties in April when I noticed it. We have come to a stage in our build where we are considering a retaining wall on/close to that boundary.
Regarding retaining wall costs, we have had some expert advice (which is no longer available to us) that the cost of any retaining is borne by the party that creates the need for retaining.
While retaining our land on or close to that boundary is our choice, we believe we are due some compensation from our neighbour because the cost of retaining has been exacerbated by his builder demonstrably having cut at the slope and steepening the slope on our side.
I've approached the neighbour about this (in person and over emails) and he washes his hands of any liability.
Can I have some indication on whether property law supports our position?
If so, what would be the best way to proceed?
Thank you all for your help in advance.
Sincerely,