Hi, I'm new to the forum and looking for some advice in regards to retaining and fencing. We built a property in 2017 in an estate which is built on sloping land. Some time before we moved into the property there was heavy rain which washed soil from our property into our next door neighbours backyard. When we moved into the property we got retaining walls put in- a council approved large rock wall on the side of the house further away from our neighbour and on the side of the house closest to them we had a small wooden retaining wall (less than 1metre) installed running the length of our house where the slope (down to our next door neighbours) began and a wooden slipper garden edging that runs along the dividing fence. Both have got drainage and gravel- this was done on the advise of the chap that did the dividing fence. However about a month or so after there were strong rains again and some of the soil washed out from under the edging and into the neighbours property. However it is being prevented from falling by silt fencing that we had installed next to the fence when the problem first arose. We are unable to reach the soil that has fallen through from our side and our neighbour is no happy for us to go from their side to remove the soil. I am concerned because the soil that has fallen through is putting pressure onto that section of the fence and is causing it to lean towards our neighbours house.
My question is:
1) If in the future there is further strong rains/flooding and the fence is further pushed over/ falls down would I be liable for replacing the fence and would I be liable for any storm damage that their house may sustain? I just want to know where I stand with this as its been worrying me.
2) am I legally responsible for repairing the damaged section of the fence
3) are there any relevant laws/legislations that I need to be aware of in regards to the above situation.
Any advice would be much appreciated. I am trying to contact the people did the retaining wall to see what can be done but would also like a legal perspective and be aware of my rights and responsibilities.
My question is:
1) If in the future there is further strong rains/flooding and the fence is further pushed over/ falls down would I be liable for replacing the fence and would I be liable for any storm damage that their house may sustain? I just want to know where I stand with this as its been worrying me.
2) am I legally responsible for repairing the damaged section of the fence
3) are there any relevant laws/legislations that I need to be aware of in regards to the above situation.
Any advice would be much appreciated. I am trying to contact the people did the retaining wall to see what can be done but would also like a legal perspective and be aware of my rights and responsibilities.