Retaining wall on boundary created by neighbour's tennis court.

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
4 October 2019
1
0
1
We have a 40m boundary with our neighbours which had an old tennis court fence for 29m and low fence for 11m. Our neighbour recently replaced the retaining wall on 15m of our shared boundary - the wall exists due to their tennis court being dug into the hill.
The old tennis court fence which was on the boundary was removed from the section where the retaining wall has been replaced. (We had a general agreement that we would construct a new fence for the 29m and keep the low fence.)
The neigbours gave us a quote for over $4,500 for 14m of fence and concrete plinth -beyond the 'standard' we know but we were willing to have a bit of a nicer fence until we learnt we had to pay for it all. They believe that as they have paid $5,000 for that 15m retaining wall they don't have to contribute to the 14m of fence. They will pay for the 15m fence on top of the wall.
We don't believe the retaining wall should be justification for them not contributing to the 14m of fence and footings etc
We believe we should be paying for half of the 29m of fence and half of the remaining 14m base or footings. We did not agree to a $5,000 retaining wall and don't think it is our responsibilty anyway as it exists to create a level surface for their tennis court.
We are in NSW.
Hope someone has some wise words for us. Would like to sort this out sensibly.
Ps we also got a cheaper quote!
Thanks, Sueanne
 

Tripe

Well-Known Member
22 May 2017
220
13
619
A retaining wall is not a boundary fence.

if the retaining wall is along the boundary line, then costs are decided on who benefits from making sloping ground into a flat surface.

The boundary fence cost should be divided on a prorata basis, if a higher standard fence is built.