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NSW Retaining Wall, Neighbour has filled above natural ground level

Discussion in 'Property Law Forum' started by JasonCheeseman, 21 April 2017.

  1. JasonCheeseman

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    I'm on a new development and everyone is building around us. At the back of my house I have cut down from the natural ground level and installed a swimming pool. I have build a retaining wall back to the original land height. It doesn't sit right at the back of the boundary but 700mm in. I have done this as I wish to grow some plants between the retaining wall and the boundary fence.

    My neighbour at the rear has his house sitting perpendicular to mine and has had to "fill" his earth by 600-700mm up against the boundary line. We don't have a fence at the moment as we are all going through build stage. I have a duty of care, and of course privacy, to enclose my swimming pool and to stop my neighbours family falling into the pool so I'm keen to get a fence up ASAP. I've politely told my neighbour that he needs to build a retaining wall to retain his dirt as he has raised from the natural ground level by 600-700mm. He is refusing and told me to do it and suck up the cost. He said I'm on the low side and the low side always has to pay. I've spoken to the council and they seem to think that I'm right and that he needs to pay. They also said that the wall should be piered down to my retaining wall so it protects the integrity of the existing wall. I asked my neighbour what law and evidence he was going by and his builder said "it's always the way - low side has to pay". "Take me to court if you have a problem with it!"

    This is a picture of his land before I cut mine. The red line shows where his floor level will be

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    This is a picture of my retaining wall (without the swimming pool excavated)

    [​IMG]

    This is a visual diagram from the side showing the walls and natural ground level

    [​IMG]

    I'm seeing a Lawyer on May 2nd but I'd be really interested in people's comments on this. I really don't want to waste time taking this person to court to lose the case and have spent thousands on taking them there.

    Thanks in advance!!
     
  2. Rod

    Rod Well-Known Member

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    Lawyer will sort you out. The people who alter the land are responsible for containing the land.
     
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  3. MartyK

    MartyK Well-Known Member

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    It is my understanding that water flow from a neighbours property, if it is more than would occur naturally, is the liability of the landowner who alterered the natural topography.
     
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