I own a strata lot in which a few of us are currently building on. On both my own and my neighbors lot we have garages which will essentially be side by side but separate structures and abutting a retaining wall (170mm difference in height between property currently). On my land I have common property (which extends in front of my neighbors garage) as a right of carriageway in which I cannot build so that my neighbor use to reverse his car. My neighbor submitted plans to me last year in which I noticed he wanted to cut his land approximately 200mm making the difference between properties around 370mm. I discussed this with him and explained that a retaining wall would be required on the common property which would obstruct both of our vehicle paths into our garages. At this point he agreed in an email that he would raise his garage level to my slab level so there was no level issues on the common property. 1 year later he is currently in construction and has obviously ignored our agreement as the difference in height is 400mm between properties.
Given my responsibility is to provide a right of carriageway, is it my responsibility to ensure the common property levels are suitable for my neighbor to reverse his vehicle even though he adjusted levels? In this case a retaining wall isn't exactly suitable as it would create an obstruction. Do I have the right to ask my neighbor to lift his slab as previously agreed?
Given my responsibility is to provide a right of carriageway, is it my responsibility to ensure the common property levels are suitable for my neighbor to reverse his vehicle even though he adjusted levels? In this case a retaining wall isn't exactly suitable as it would create an obstruction. Do I have the right to ask my neighbor to lift his slab as previously agreed?