NSW Retaining wall - encroachment

Discussion in 'Property Law Forum' started by Aaron19, 22 March 2019.

  1. Aaron19

    Aaron19 Member

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    My neighbour has built a decorative wall completely on my property. he is claiming it's a rety wall. I am not sure what it is. I've an identification survey as well. The encroachment is 21cm excluding the footing. I'm not sure how big is the footing as it's underground. He is not only refusing to move the wall but also denying the encroachment. He built the wall in 2017 August 30. We moved to the property on July 1st 2018. At the moment the case is in NCAT. But NCAT wants both parties to prove whether or not that it's a retaining for them to decide on the jurisdiction. What options do I have?
     
  2. Rob Legat - SBPL

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    I’d suggest you look to engage a building certifier or similar willing to give an expert report.
     
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  3. Aaron19

    Aaron19 Member

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    Thanks for your response. But of a detail. My neighbour has built a decorative wall completely on my property. he is claiming it's a rety wall. I am not sure what it is. I've an identification survey as well. The encroachment is 21cm excluding the footing. I'm not sure how big is the footing as it's underground. He is not only refusing to move the wall but also denying the encroachment. He built the wall in 2017 August 30. We moved to the property on July 1st 2018. At the moment the case is in NCAT. But NCAT wants both parties to prove whether or not that it's a retaining for them to decide on the jurisdiction. Because NCAT seems to have no jurisdiction over retaining walls. What options do I have?
     
  4. Rob Legat - SBPL

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    As I said, you get an expert to give you a report. They will be the one to give evidence as to whether or not it is a retaining wall
     
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  5. Aaron19

    Aaron19 Member

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    Where can I find an expert? What kind of expertise are we looking for.
     
  6. Rob Legat - SBPL

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    Google ‘building expert tribunal’, pick a local one and start calling.
     
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  7. Aaron19

    Aaron19 Member

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    Thanks. I will do that.
     
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