VIC Retaining Wall Dispute with Neighbour

[ChizDee]

Hi Everyone

We are having a few issues with our neighbour and a retaining wall.

We built 1 year ago on our flat land, no real excavating was done just the lines drawn out for the house. Back yard untouched.
The land to the back of our property is split between 2 houses. 1 has a retaining wall that was done with their build, as the builder put it in as per requirements of the land. The other did not.
We spoke with said neighbour who said they would sort it out. This was over 6 months ago. We followed up and have received an email of abuse from this neighbour.
We would like to know were we stand as we cannot find any legal jargon for the state of Victoria relating to retaining walls and whos responsibility it is.
It would be on their property, and their builder did dig out the land at the rear of our property causing our land to fall in. We have put sleepers on our land to try and avoid our landscaping falling in any further.

We need another route as the neighbour is refusing to do anything as it isn't a priority to them.

Any assistance/advice would be greatly appreciated.

 

[Rod]

If the neighbours first response to you is abuse then I can't see you resolving this without legal assistance. The neighbour is responsible but I suspect you will have to drag them to court to get the wall put in at their cost.

Take plenty of photos if you haven't already.

What area of VIc are you?

 

[ChizDee]

Their first response last year (approx 6 months ago) was friendly and they would look into and get it sorted. We followed up with them to see how it was going as they had landscaped their garden but wall hadn’t been put in and we got a mouthful back on email from them.

We are in the north west suburbs of Melbourne.

Thanks for your reply.

 

[Rod]

OK, I'm not out West.

Might pay for you to find a property lawyer out your way.

If it was me I'd send a final letter saying fix it including restoration of your property, or we'll see you in court with costs payable by them. Though I'd structure the letter better than what I've just said here.