VIC Dispute on Retaining Wall Costs?

[Moonjacket]

Hi all,

Hope you are able to shed some light.

We have a retaining wall which is in need of repair along one side of our house. Our house is lower elevation wise.

From what I understand, the cost of a retaining wall on the boundary is portioned based on the benefit that each land holder gets from the wall.

In our situation, the retaining wall sits approx 1m within our boundary. However, our neighbour is gaining the most benefit from the wall as soil has been backfilled to the height of the wall thus flattening his land.

We were going to pay the whole amount, but the neighbour became pushy and keeps pushing us to get it done quickly (the wall is not going to fall over anytime soon). I suspect he wants us to complete the job before we received any advice on the costs.

Is the cost divisible if the retaining wall is solely on our property?

Cheers

 

[Rod]

Whoever alters the contours normally pays. No costs sharing applies to retaining walls unless both sides altered the contour and the wall is on the boundary.

Sorry, I'm not sure of the situation when the wall is wholly within your property and both sides benefited from the altering of the contour.

 

[Moonjacket]

Thanks for that Rod.

Where the wall is situated is dead space for us and I would be happy to just have sloped land rather than it cut in as it is at the moment.

I wonder, would we be liable for any damage caused to the neighbour's property if we were not to repair the wall and simply let it fall?

 

[Rod]

we be liable for any damage caused to the neighbour's property if we were not to repair the wall and simply let it fall?

Yes.