Retaining Wall - Who's responsible in this scenario?

[forstermassive]

Hi there,

My property is on a sloping block (right to left looking at the house). The house to the left of me sits on a level block having cut into the land, resulting in a 2 metre high retaining wall holding back our land (we are the higher property). The wall is failing in parts due to being 70+ years old and a lack of maintenance. Who's responsible for the cost? Is my neighbour because they get the 'benefit' from the wall and have a level block? Or is it 50/50? I'm in NSW. (There is a fence on the boundary but the retaining wall wasn't built to support the fence).

Thanks.

 

[Rob Legat - SBPL]

The 'rule of thumb' is that whoever changed the ground level wears the cost - in proportion to the change made. If the neighbour cut the block and your land is the natural fall, then they should generally wear 100% of the cost. If they cut and your side filled in the ratio of 75% cut/25% fill - they should generally wear 75% of the cost and you 25%.