NSW Retaining Wall Responsibility

[sir_bergs]

Good afternoon all,

A question on responsibilities for a retaining wall on a property boundary...

I have purchased a property that has a neighbour who excavated their backyard and built a retaining wall along a portion of our boundary some 30 years ago. There is about 1.5m of brickwork that is holding up our land, with another 1.5m of brickwork on top serving as a boundary fence. Our land is basically at the original ground level, and they have dug out to maximise their backyard space and install a pool.

The wall is now showing signs of wear and starting to lean. My understanding of the responsibilities is that as he has excavated and built the retaining wall, and is primarily getting the benefit/value from it, that he would be responsible for its upkeep. The portion of it that is above the normal ground level that serves as a fence we would then share the 'reasonable' costs of (..and if he wanted to gold plate it, that'd be on him).

Is my understanding correct on him being responsible for maintaining the portion of the wall that is holding the land up?

Thanks

 

[James D. Ford - Solicitor]

Hi sir_bergs

You are correct on general legal principles.

The party who changes the "lie of the land" and benefits from the retaining wall is fully responsible for its costs.

Here is a link to my recent post on our knowledge base in the pro bono (free) legal resources channel:

Blue Ocean Law Group

Kind regards,

 

[sir_bergs]

Hi sir_bergs

You are correct on general legal principles.

The party who changes the "lie of the land" and benefits from the retaining wall is fully responsible for its costs.

Here is a link to my recent post on our knowledge base in the pro bono (free) legal resources channel:

Blue Ocean Law Group

Kind regards,

Good to know, thank you James, I appreciate the prompt reply. Cheers