Hi all,
I'm in a dispute with my neighbour. A retaining wall runs the length of our properties. It's 600mm high at the front of the block and 2000mm+ at the back (very high).
A 6m section at the front needs to be replaced (around 750mm high). After studying a survey the 6m section of the wall is on my property (by 40mm). However, they (years ago) changed the lie of the land to cut themselves a completely level / flat block. My property follows the original lie of the land (the street is on a hill / slope) and is above their land. In effect, the wall is holding back my land because they have cut into the land to level the block.
Am I responsible for the wall even though they clearly get the benefit? Does it make a difference that it's on my land? And if this isn't a 'joint' retaining wall, can they be legally obliged to build a wall against mine on their side of the property. I'm in NSW.
Any help greatly relished.
Cheers.
I'm in a dispute with my neighbour. A retaining wall runs the length of our properties. It's 600mm high at the front of the block and 2000mm+ at the back (very high).
A 6m section at the front needs to be replaced (around 750mm high). After studying a survey the 6m section of the wall is on my property (by 40mm). However, they (years ago) changed the lie of the land to cut themselves a completely level / flat block. My property follows the original lie of the land (the street is on a hill / slope) and is above their land. In effect, the wall is holding back my land because they have cut into the land to level the block.
Am I responsible for the wall even though they clearly get the benefit? Does it make a difference that it's on my land? And if this isn't a 'joint' retaining wall, can they be legally obliged to build a wall against mine on their side of the property. I'm in NSW.
Any help greatly relished.
Cheers.
