Hi,
I hope the following isn't too long winded but I want to give all the facts I can.
Our property boarders Council land, namely a footpath then nature strip & road. On the boundary was a wooden retaining wall with a timber fence, all one construction. There was a gap of approx. 150mm between the footpath edge and the retaining wall that consisted of soil fill. There is also a Telstra pit in the footpath that abuts the retaining wall.
Some time ago (approx. 2.5 years) the Telstra pit had some repairs and hot mix bitumen was used. There was obviously excess bitumen as this was placed between the retaining wall and the footpath and compacted.
The retaining wall and fence have since collapsed, partly due to age, an overgrown Council sucker, the compaction of the hot mix in the gap and an over a zealous attempt by a tenant to straighten it. We have approached Council to go halves in the retaining wall (not the fence as Councils don't do that) but they have said no.
They claim that when the footpath was constructed in 1985/6 our land (we didn't own it then) had already been excavated and the retaining wall was there. They have provided a cross-section and plan that does show different heights but there is no mention of a retaining wall. There is a mention of old pickets. There is a large amount of fill under the footpath that Council claims was already there.
So I think you can work out my question, should Council pay half or is the burden all mine?
I am arguing that I should not have to retain the Telstra pit and the fill on Council land, no matter how it got there. They are arguing that they worked to existing surface height.
Any thoughts would be much appreciated.
I hope the following isn't too long winded but I want to give all the facts I can.
Our property boarders Council land, namely a footpath then nature strip & road. On the boundary was a wooden retaining wall with a timber fence, all one construction. There was a gap of approx. 150mm between the footpath edge and the retaining wall that consisted of soil fill. There is also a Telstra pit in the footpath that abuts the retaining wall.
Some time ago (approx. 2.5 years) the Telstra pit had some repairs and hot mix bitumen was used. There was obviously excess bitumen as this was placed between the retaining wall and the footpath and compacted.
The retaining wall and fence have since collapsed, partly due to age, an overgrown Council sucker, the compaction of the hot mix in the gap and an over a zealous attempt by a tenant to straighten it. We have approached Council to go halves in the retaining wall (not the fence as Councils don't do that) but they have said no.
They claim that when the footpath was constructed in 1985/6 our land (we didn't own it then) had already been excavated and the retaining wall was there. They have provided a cross-section and plan that does show different heights but there is no mention of a retaining wall. There is a mention of old pickets. There is a large amount of fill under the footpath that Council claims was already there.
So I think you can work out my question, should Council pay half or is the burden all mine?
I am arguing that I should not have to retain the Telstra pit and the fill on Council land, no matter how it got there. They are arguing that they worked to existing surface height.
Any thoughts would be much appreciated.