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QLD Retaining Wall - High Side?

Discussion in 'Property Law Forum' started by Netti, 6 February 2015.

  1. Netti

    Netti Active Member

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    We are on the high side of a retaining wall which requires fixing however we are unsure as to who is responsible. We have been told to find gain assistance from Legal Aid .....any help would be greatly appreciated. thanks in advance
     
  2. Rod

    Rod Well-Known Member

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    Not sure about QLD, but in Victoria the wall is normally maintained by whichever party altered the contour of the land.

    IE If you built up the land you are responsible. If they excavated they are responsible.

    One difficulty often encountered is who did what if the wall is old and the properties have passed through multiple hands.
     
    Netti likes this.
  3. Netti

    Netti Active Member

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    Thank you Rod, this is the problem we have as the house and land are quite old approx. 30years so where to next is our dilemma! thanks again
     
  4. Rod

    Rod Well-Known Member

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    Try the local council. They may have building plans showing what was done.
     
  5. Netti

    Netti Active Member

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    will do thanks Rod :)
     
  6. Ash

    Ash Well-Known Member

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    In WA the retaining wall and fence come under different Acs. The retaining wall comes under the Building Act and the fence comes under the Dividing Fence Act.

    Under the Dividing Fence Act both property owners are jointly responsible for the cost of a standard fence being stratco in WA.

    Under the Building Act it is apportioned according to which property has changed the lay of the land.

    This is the same for QLD.

    I doubt very much the plans at the council will provide the information you are looking for to determine where the lay of the land has changed especially with it being over 30 years old.

    The best option is to hire a surveyor who will drill a couple of bore holes in each property and they can determine from the layering of soil and other methods where the land has been changed. Depending on the landscape around the property another method is to use the lay of the land elsewhere as a baseline such as the road. There are survey pegs which measure the height above sea level and these can be used to determine the fall over say 12 meters and then measuring the fall over the two properties across the same distance. Does it follow the same as the road and if not in which property has it changed? This too requires a surveyors site plan to be completed.

    We are having this issue with our neighbours. The whole cost, for 42 metres of fence, is $6,000 retaining wall and $3,000 for the stratco fence. Neighbours want to go half however the previous owners of their property changed the lay of the land (dug out when building their patio) and the old fence is now leaning into their property. I don't feel like giving them $3,000 towards the cost of the retaining wall as we weren't responsible for the change in the lay of the land. I suggested, in the fairness and best interest of all parties, we get in a surveyor to give us a report. Surveyor's bill to be split by both properties.
     
    winston wolf likes this.
  7. Netti

    Netti Active Member

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    Thanks Ash , will do some research!
     
  8. Baxter007

    Baxter007 Active Member

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    In our shire the council has contour maps you can upload from their website and this will show the natural land contour to see if you are higher, lower or if they are.
     

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