NSW Retaining wall dispute

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R33znor

Member
23 August 2017
1
0
1
Hello.
I'm after advice on who is responsible for the cost of a retaining wall.

I recently have built a new home as an investment property. My neighbor has cut into his land and put in a retaining wall and we then paid for half the cost for the fencing. The fencing and retaining wall stopped at the front of our houses.

The issue is from the front of the house to the footpath is a steep slope dividing our properties. The ground has been breaking away and entering their property. Since it was the neighbor who cut into their land is it their responsibility to pay for the retaining wall to fix this problem. I cannot finish my landscaping on my boundary and it also I believe is a safety hazard to my tenants who have 3 children. I have explained that it's a duty of care to fix this problem but they simply say they can't afford it.

Thoughts?
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
lawtap.com
The general principle is - if you alter the natural fall of the land, you're responsible for the cost of retaining.