QLD Retaining wall after land slip

[KT5]

Hi

After the recent heavy rains, we had a land slide at the back of our property, with a lot of dirt going down into the neighbouring property below.

Both of our blocks were created/ subdivided some 40 odd years ago, his was cut into the slope, ours was filled and pushed out, creating an approx 7m deep rather steep drop. No retaining wall was build at the time.
The top 2.5m of that drop is ours, the remaining 4.5m are his.
We both have only purchased our properties in the last 10 years.

After the land slide, we would like to create some kind of retaining wall, but will struggle to build anything without him retaining the lower part first.

Is he responsible to pay for his part and we for ours, or do we have to pay all?

His house is only about 2m away from the bottom of the bank and at risk to be damaged if any more land slips, not to mention a person getting injured in the process.

Thank you for any advise.

KT5

 

[Rod]

I'd be suggesting do it proportion to the change 2.5/4.5, say 36% your cost, 64% their cost and see how it goes.

Generally the person who alters the land pays the full cost, but here both changed the level.

7m - no retaining wall!!! How did that happen? Was it nearly all rock?

 

[KT5]

Hi Rod,

Thank you for your response.
I thought along the same lines as you, as in each their portion, but can't find anything similar anywhere on the net.

Some of it is slate type rock, the rest fill.
We haven't been able to climb down and check the depth of the fill, will leave that until it's a little more dry.

A few things were a little 'funy' with this development. After buying our block, we found it has no sewer even though the rest of the street did.
Council tried to get us to pay to cut across the road to connect to the nearest pit, but I refused and fought until they paid.

KT5

 

[Rob Legat - SBPL]

Depending on your local Council's requirements, you may need their approval before you can retain. At the height you've given, I'd say it would be absolutely certain. While I acknowledge this goes back some time, it should be the case that there is an approval condition somewhere, at some stage, that the area be retained. 'Should', however, doesn't mean 'is' - and this wouldn't be the first time if there is none.

I would suggest that consider getting an engineer's report as part of investigating the situation, and they may be prepared to give an indication of the ratio of utility of the eventual wall between the two properties. That may be helpful - and may likely come out the same way as Rod suggests. The general principle is that whoever changes the natural lie of the land is the one responsible for retaining.

 

[KT5]

Thanks Rob.

I have contacted a structural engineer already and he will inspect after the holidays.
I have also contacted Council and they have been less then helpful so far. I might have to do some digging and get copies of the original subdivision approvals to check for conditions.
Thank you

KT5