QLD Retaining wall and fence on boundary

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Pete10001

Member
1 March 2021
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We have a situation where a fence has been mounted to a retaining wall, which is situated right along the narrow side boundary to our neighbour above us.

Just a little below the retaining wall which supports the fence, we have our own retaining wall, which runs parallel to the one above. Ours is quite new and holds back the soil which was cut to build our home. The retaining wall which is holding up the fence on the boundary was necessary at the time to hold back the soil from our neighbour's property (they had cut and filled to install a pool).

The issue is, that our neighbour does not want to pay for the replacement of (his?!) retaining wall, which is starting to fail and which in turn is causing the colorbond fence to lean. In fact he is trying to make us pay for it.

The other issue is that we do not want our retaining wall damaged when the retaining wall holding up the fence is replaced.

What are our rights? Our neighbour is very difficult to work with, but if possible we would prefer not to take it to QCAT, which would (further) antagonise him. Any advice would be appreciated.