VIC retaining wall/Fence dispute

[kimtigers]

My neighbour emailed to share the repairing cost 50:50 for retaining wall and fence
(as fence is sloping as can be seen photos attached).

We have our own retailing wall our side 30-40cm from the fence and they have higher land. so I am wondering whether I need to pay for the retaining wall and fence(If fence 50:50 how about retaining wall?? )

Please see the photos for reference(took the photos from both side ). Hope to have good advice thanks

 

[Docupedia]

Be aware that fencing conflicts are state based and I'm in Queensland - I have next to no knowledge of Victorian law.

That aside, in all states that I'm aware of a retaining wall and a fence are separate structures and are treated very differently. Your retaining wall, from what I can see and I'm no builder/engineer, looks absolutely fine. How it may fare if the other side collapses into it is another question.

Fences are generally 50:50, but check your state rules. There should be copious and easy to find guides on it - fencing disputes are extremely common.

With retaining walls, the notional rule is that whoever changed the ground level is responsible (again, check your state rules). Assuming the notional expectation: if their side is built up - their responsibility. If your side was cut - your responsibility, and if your retaining wall is off the boundary you might not be clear as there is generally a requirement to support adjoining land. If it's a 'cut and fill' situation, then it's generally according to the respective proportions.

Hard to tell from the photos, but it does look like there is some potential land slippage on the neighbour's block. There might be impetus to get this sorted out before the house is potentially undermined.

 

[kimtigers]

thanks for your response. I am trying to work it out. The Fence looks 50:50 in my state. But the retaining wall is not very clear. Need more help. I am in Victoria

 

[Rod]

As a starting point, fences are 50:50.

Factors such as who placed the trellis on top can influence the outcome. It is possible the trellis has caused the fence to lean. Other than leaning, the timber looks like it is in reasonable condition.

The retaining wall is on your property and likely your responsibility. Though issues about who altered the land levels can play a part in the answer.

 

[Docupedia]

Rod, there are two retaining walls by the look of things. The one on kimtiger’s property looks straight. There is also a horizontal sleeper one the fence is attached to. I think that is the one being referred to.

 

[kimtigers]

thanks for additional comments to Rod. Anyone has good idea? My land is lower one and own retailing wall and my neighbour has their retaining wall from 30-40cm from our retaining wall and fence on it which is sloping because of their retaining wall is sloping. I would like to have some advice in this case. As the fence sloping to our side my tenants had concerns so my agent asked for a permission to post 2-3 temp posts for the sloping fence and i accepted it but when fence tradie came and had an inspection and they said they cant do the job because of its not our boundary land. so my neighbour has to to it. It seems the fence is not on land boundary. so what are your thoughts? Please advise me

 

[Rod]

The fence not being on a boundary will not change much. However if the neighbour's retaining wall is pushing over the fence, then the neighbour should pay to have the fence 'straightened'.

There may be an argument the neighbour's retaining wall is being pulled over by the fence if his wall is attached to the fence.

Who put the trellis up?

 

[kimtigers]

thanks for your comment Rod, I am not sure who put the trellis up. but i did not do it. maybe my previous owner of the neighbour's i guess