Hi, my neighbours and I have both purchased land in a new development. The neighbour is planning to retain 800mm of fill and I plan to retain 1000mm of excuvation. We are unable to agree on the terms of a shared wall on the boundary, so I am looking into my rights if we were to build two walls side by side each on our own land but pushed up against each other on the boundary. If I have notified my neighbour of my plans to excuvate 1000mm deep, do they need to build their wall with deeper piers to allow for this? If so, do their piers need to go as deep as my piers to avoid their wall collapsing when my land is excuvated. They are ahead of me and will have their wall completed first. Thank You
SA Side by side retaining walls
- Thread starter Dabs279
- Start date
This is an engineering problem, not a legal issue. Best to consult an engineer/building surveyor.
Google is your friend, SA has a good page on retaining walls on the legal commission website.
In general, if your neighbour has put their wall in first, then your wall will need to be constructed in a way that does not undermine or cause their wall to fail. If their wall fails because of your actions you will be liable for any costs to rectify.
However, there is also a requirement that your neighbours wall should be constructed in a way that allows you reasonable right to excavated material from it, without it failing.
If they have just cut a footing and stacked bricks on it, and it fails because you scrape some supporting dirt away from it (on your side) then you shouldn't have any liability.
In general, if your neighbour has put their wall in first, then your wall will need to be constructed in a way that does not undermine or cause their wall to fail. If their wall fails because of your actions you will be liable for any costs to rectify.
However, there is also a requirement that your neighbours wall should be constructed in a way that allows you reasonable right to excavated material from it, without it failing.
If they have just cut a footing and stacked bricks on it, and it fails because you scrape some supporting dirt away from it (on your side) then you shouldn't have any liability.
