Hi,
Looking for a little help with a retaining wall issue. When I moved in, we were told the fence would need to be replaced. What we didn;t realise is this fence holds up our land because it was not built properly. The land next to us (lower land) has a small retaining wall on their property. The fence is on our property and runs behind the small retaining wall. Our land is about 3 metres or more higher than the neighbours. I had an engineer and test the land and create plans for building an appropriate retaining wall and fence on top. He was adamant that it needed to be built on the property line and it needed to be split 50/50. I had 3 quotes and all three said it needed to be on the property line. I sent a fencing notice to the neighbour and he refuses to play along. Said owner is now selling and refuses to fix the retaining wall and fence properly but wants to put metal posts in to just hold the land back so it looks good to sell. The owner of the house refuses to speak via phone but only through email by the agent and just copies and pastes law he finds online that supports his issue. The agent let slip the owner does not currently live in Victoria/Australia and can't be bothered. Any help would be appreciated.
Being that it was never done properly and both lands would benefit from it being done properly, would i be able to get it completed 50/50? Is there anything I can do to ensure anyone buying it knows the retaining wall/fence will need to be completed?
Looking for a little help with a retaining wall issue. When I moved in, we were told the fence would need to be replaced. What we didn;t realise is this fence holds up our land because it was not built properly. The land next to us (lower land) has a small retaining wall on their property. The fence is on our property and runs behind the small retaining wall. Our land is about 3 metres or more higher than the neighbours. I had an engineer and test the land and create plans for building an appropriate retaining wall and fence on top. He was adamant that it needed to be built on the property line and it needed to be split 50/50. I had 3 quotes and all three said it needed to be on the property line. I sent a fencing notice to the neighbour and he refuses to play along. Said owner is now selling and refuses to fix the retaining wall and fence properly but wants to put metal posts in to just hold the land back so it looks good to sell. The owner of the house refuses to speak via phone but only through email by the agent and just copies and pastes law he finds online that supports his issue. The agent let slip the owner does not currently live in Victoria/Australia and can't be bothered. Any help would be appreciated.
Being that it was never done properly and both lands would benefit from it being done properly, would i be able to get it completed 50/50? Is there anything I can do to ensure anyone buying it knows the retaining wall/fence will need to be completed?
