I purchased a property 18months ago here in Perth. The property is on the high side of a hile, above neighbours and a ROW.
The details are a bit convoluted but I can't attach diagrams, as this forum system requires them to be on the web.
The northern border of my property is 12 metres long sloping down. The first 6 metres is a boundary shared with a right of way. The remaining 6 metres is shared with another residence. (ie The ROW leads into their driveway).
The ROW is cut into the the ground leading down to the neighbours driveway and has probably always had a retaining wall there. However about 10-12 years ago, the neighbours cut the ROW deeper, and bitumenised it. The deep cut was to put a very large soakwell in the ground below their level, so as to prevent water running into their driveway. When they did this, the builder dug the ground well below the footings of a 1.5 metre retaining wall on my side (shared with the ROW), and left the concrete footings in the air, so the wall started to fall over. (so I am told my other neighbours). The dirt is exposed below the footings.
In addition, there is some cracking on my bathroom floor, next to area retained by the failing wall.
Unfortunately the part of the retaining wall damaged, is on the shared ROW section. The damaged only goes up to where the ROW ends and the neighbours property starts.So there is technically no neighbour requirement to share cost. However, ASSUMING I can prove the modification of the ROW damaged the retaining wall, I would like to recover costs for repair.
1) My question, is there an applicable statute of limitations for any liability of the builder or neighbour?
2) Who is legally responsible for the damage, the builder or the owner?
3) Lastly, I don't think the current owner has been there 10 years, so do they inherit any legal responsibility with regard to the previous work done. (Please keep in mind, the work done was to the section on the ROW boundary, NOT a boundary I share with them.
4) Under what laws could any potential action be brought.
Any response would be greatly appreciated.
The details are a bit convoluted but I can't attach diagrams, as this forum system requires them to be on the web.
The northern border of my property is 12 metres long sloping down. The first 6 metres is a boundary shared with a right of way. The remaining 6 metres is shared with another residence. (ie The ROW leads into their driveway).
The ROW is cut into the the ground leading down to the neighbours driveway and has probably always had a retaining wall there. However about 10-12 years ago, the neighbours cut the ROW deeper, and bitumenised it. The deep cut was to put a very large soakwell in the ground below their level, so as to prevent water running into their driveway. When they did this, the builder dug the ground well below the footings of a 1.5 metre retaining wall on my side (shared with the ROW), and left the concrete footings in the air, so the wall started to fall over. (so I am told my other neighbours). The dirt is exposed below the footings.
In addition, there is some cracking on my bathroom floor, next to area retained by the failing wall.
Unfortunately the part of the retaining wall damaged, is on the shared ROW section. The damaged only goes up to where the ROW ends and the neighbours property starts.So there is technically no neighbour requirement to share cost. However, ASSUMING I can prove the modification of the ROW damaged the retaining wall, I would like to recover costs for repair.
1) My question, is there an applicable statute of limitations for any liability of the builder or neighbour?
2) Who is legally responsible for the damage, the builder or the owner?
3) Lastly, I don't think the current owner has been there 10 years, so do they inherit any legal responsibility with regard to the previous work done. (Please keep in mind, the work done was to the section on the ROW boundary, NOT a boundary I share with them.
4) Under what laws could any potential action be brought.
Any response would be greatly appreciated.
