QLD Retaining Wall query

[immarni]

Hi All
I have read previous posts regarding retaining walls but I still have a few questions.

My scenario is that there is a retaining wall dividing my property and my neighbours property. I am yet to get a surveyor out to determine where it is on the boundary. I am on the lower side of the retaining wall and my neighbours property is higher than mine. The wooden retaining wall is only visible from my property and is "supporting" their land. Recently with all the rain in south east QLD the water was just pouring through the retaining wall and created a river in my backyard. Its over 20 years old and I am wondering if it will need replacing soon.

My main question is " Is the land that benefits from the retaining wall that which is being supported by the wall (as in the higher property) or is the lower property benefiting from the wall ?

I also have not yet accessed council records to find out whose land was altered at the time of build.

Also to add that the original fence is being supported by the retaining wall between properties. The neighbour did however place a second colourbond fence on their side of the dividing fence as extra privacy.

THanks in advance for any information

 

[immarni]

Also to add that my house is a corner block on the natural slope of the landscape....it appears that they have built up their property to have it flat and not sloped as we are on a slight incline. It could also be that my block was flattenend and theirs was also creating a void.

 

[Docupedia]

The general rule for retaining walls is whoever changed the natural slope of the land bears the cost. That isn't a black/white proposition. Where there has been a cut and fill (as it appears in your case) then you look to the contributing percentages based on how much each was changed. You can't just look at the benefit of the wall. The wall always 'tends to benefit' the higher side - as it is retaining their land from falling. However, the other considerations are (a) the lower side gets the benefit of not having the higher side collapse in on it, and (b) Queensland law provides that each property has a right of support from adjoining properties (so you can't just excavate and say, 'your problem').

Fences are different to retaining walls. Generally the cost is shared equally for boundary fences so long as what is constructed is a reasonable fence.