Retaining walls

[Camilla]

I have a legal queries in regards to a retaining wall.
There’s a failing retaining wall that was poorly built 50 odd years ago it’s wholly within our neighbours property the boundary between our properties lies behind it.
We’re on the high side they’re on the low side originally it’s was excavated to provide foundations for their house and for a courtyard. I’m not sure if our side has been back filled as the terrain in this area tends to have sharp drop offs.

Anyway they have tampered with it by removing the lateral support/bracing that was part of the original gazebo.

So the two questions I have is are they responsible for the wall because A It’s on their property? and B They’re dodgy DIY weakened it and it is now starting to show subsidence on our property, because of this are they wholly responsible for costs of repairs/rebuild?
Many Thanks
Camilla

 

[Docupedia]

Most jurisdictions have laws around the 'right of support' from adjoining land'. You cannot dig into your property if that could result in undermining your neighbour's property, unless you take sufficient steps to maintain the support. Where that lays in the law for your circumstance depends on the state you're in - property law is state based.

 

[Camilla]

Thanks, I forgot to mention I’m in NSW.
Would the wall being on the neighbours property add to this as well? Everything I’ve read about retaining walls is the cut/fill ratio but I assume if it’s within one’s property they would own it/ be responsible for it as well? Thanks again.

 

[Docupedia]

Generally you look at cut/fill ratio on boundaries. If the retaining wall is solely on someone's property then it tends to be solely their responsibility.