VIC Retaining wall defeated and not reinstated

[Maztel6]

Hi all

Seeking advice regarding this matter. New build with a 0.8m retaining wall between my property and the neighours. I'm the higher property.

The neighbour has taken down a section of the retaining wall to build his garage right upto the boundary, I'm not concerned with that. However, to do this they've had to excavate about a meter into my side.

Now his home is finished they haven't refilled the hole or reconnected the retaining wall back to his garage. There is essentially a meter gap on either side with the dirt spilling down.

So, now even if I wanted to fill the hole I couldn't. Neighbour is alleging it's not an issue unless my builders have an engineering reason that it needs to be done. My builders won't touch it since it's not under the slab and probably don't want to get involved.

I've met with him and asked him to rebuild the wall regardless of whether or not he thinks it's technically required. My principle is, you break it, you fix it.

What recourse do I have if he still refuses? What laws or rules state that if you dig a hole on my side that you have to return it to as it was?

Thank you.

 

[Rod]

Take the neighbour to court. Magistrates court will hear the matter.

The neighbour will be responsible for damages, and most of your legal fees.

Either send him a demand letter, or have a lawyer write one for you.

What part of Vic?

 

[Maztel6]

Take the neighbour to court. Magistrates court will hear the matter.

The neighbour will be responsible for damages, and most of your legal fees.

Either send him a demand letter, or have a lawyer write one for you.

What part of Vic?

Hi Rod

Thanks for your reply. The magistrates court? I thought this would be more of a VCAT matter? I'm not entirely sure to be honest.

My mates put me in touch with a property lawyer. I might give them a ring to have a chat about my options.

As for where, the north. Near the new Mernda line

 

[Rod]

You can check with VCAT but they won't have jurisdiction for a property damage case against your neighbour.

Maybe they'll hear a claim against the neighbour's builder, but again think it unlikely because you didn't contract with that builder.

Let me know if you want another lawyer to assist.

 

[Maztel6]

You can check with VCAT but they won't have jurisdiction for a property damage case against your neighbour.

Maybe they'll hear a claim against the neighbour's builder, but again think it unlikely because you didn't contract with that builder.

Let me know if you want another lawyer to assist.

Hi Rod

Fair enough, thanks for explaining it.

I've just spoken to their surveyor and apparently they've been issued with the occupancy permit but there was a directive issued to resolve the issues that I've raised. They're going to get onto the builder (an independent). I guess I'll wait a see a bit longer.