QLD Retaining Wall Problems - What to Do?

[MaryL]

Along a boundary I share with my neighbour there is a 60 cm high retaining wall. The retaining wall itself is not on the boundary there is a gap of up to 30cm between the fence and the retaining wall. Apparently the original owner of our house installed in on the request of my neighbour. I am on the lower side with the retaining wall on our side of the fence. I would assume land was dug out on our side and may have been filled in on the higher side. I have approached the neighbour to go 50/50 - he has refused saying he believes the retaining wall is our responsibility as it is on our side of the fence and he is saying no or minimal fill was used on his side. Looking at the surrounding land I find it hard to believe his land was completely flat. Both our properties benefit from the wall. Out of good will he is offering to pay a very small contribution

Apart from letting it fall down, my options look legal.

Are there any case studies I can look at in Brisbane.

Thanks

 

[CathL]

Hi,
Have a read of these previous LawAnswers posts in relation to retaining wall issues in Queensland:

• QLD - Retaining Wall and Fences Collapsed - Whose responsibility? | LawAnswers.com.au Legal Aid Forums
• QLD - What to do with Deteriorating Retaining Wall? | LawAnswers.com.au Legal Aid Forums
• QLD - Retaining Wall Failing - Is Neighbour Responsible? | LawAnswers.com.au Legal Aid Forums
• QLD - Retaining Wall - High Side | LawAnswers.com.au Legal Aid Forums