NSW Retaining wall on the boundary - who's responsible?

[THW]

The timber retaining wall between my property and my neighbour's is on the boundary and the fence is right on top of the retaining with fence posts attached to the retaining wall posts. Mine is on the high side of the wall.

When we bought our house approximately about 2 years ago, we noticed that the boundry fence was already leaning towards the neighbour's property. Recently we approached them about repairing the fence and sharing the costs 50/50. They brought to our attention that the retaining wall needs replacing too, and they said it was our responsibility because when they bought their vacant land, the retaining wall had already been built. We checked with the previous owners of our property, who said it was already built when they bought the house brand new. The council couldn't identify who built it for whose benefit.

How can we find out for whose benefit the wall had been built?
What are the criteria for a retaining wall to be considered "necessary for the support and maintenance of a dividing fence under Dividing Fences Act 1991, section 3"?

Thank you.

 

[Tripe]

Retaining walls are normally not covered by the dividing fences acts.

Given your description that the retaining wall sits on the boundary, cost to repair the restraining wall are normally worked out, in reference to the original surface .

For example, If your land benefits from 0.2m of fill to produce a useable surface. And your neighbour has 0.6m of cut, to produce a usable surfaces, cost would be worked out at 1/4 your cost and 3/4 your neighbours cost.

 

[THW]

Thanks for that. Who would be able to determine the original layout and who benefits by how much? Do I need to engage a surveyor?