LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD What to do with Deteriorating Retaining Wall?

Discussion in 'Property Law Forum' started by Crypt, 22 November 2014.

  1. Crypt

    Crypt Active Member

    Joined:
    22 November 2014
    Messages:
    5
    Likes Received:
    0
    Hello all, am new here so please help me if i go wrong somewhere. We live on a property which has retaining wall made of boulders as the boundary which is ok, but the second retaining wall which is supporting the boundary retaining wall is in the neighbour's property which is made of timber (21 years). This one has started to deteriorate. If this breaks loose means the boulders will roll too maybe and cause injury or damage to the neighbours and dont know what else as the land is sloping down hill.

    My legal question is: should the neighbours get this repaired before it gets too late? What happens if there is damage to my property due to all this, who is responsible then? It is very difficult to communicate with this neighbour. Please help.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi Crypt,

    The general wall with retaining wall maintenance is that each owner (and subsequent owner of that property) is responsible to maintain the wall that benefits them.

    Therefore, in circumstances where 2 different properties benefit from the existence of a retaining wall, it is reasonable that both parties will contribute to the maintenance of the retaining wall according to the proportion of the benefit they receive. This is something that you may have to come to an agreement on.

    If on the other hand the retaining wall was erected as a result of just one neighbour affecting the natural state of the land, then the party affecting the natural state of the land is responsible for repairs and maintenance.

    Having said that though, if you experience loss or damage due to a faulty, deteriorating or damaged retaining wall, you have an obligation to mitigate your damage.
     
  3. Crypt

    Crypt Active Member

    Joined:
    22 November 2014
    Messages:
    5
    Likes Received:
    0
    thanks sophea
    but how do i go about doing that?? thanks in advance
     
  4. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    What do you mean by "It is very difficult to communicate with this neighbour."
    It's very important that you do communicate.
     
  5. Crypt

    Crypt Active Member

    Joined:
    22 November 2014
    Messages:
    5
    Likes Received:
    0
    They dont even look at you if u say hello.....turn their back if they see you or dont come out if we are somewhere in the yard....
     
  6. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    Ok so they aren't friendly.
    Have you knocked on the door and asked to discuss the situation?
    This should be the first option.
    Sophia provided some good information for you to work with.
     
  7. Crypt

    Crypt Active Member

    Joined:
    22 November 2014
    Messages:
    5
    Likes Received:
    0
    Thanks for your reply Mr Wolf.
    A
    Thanks Mr Wolf
     
  8. Crypt

    Crypt Active Member

    Joined:
    22 November 2014
    Messages:
    5
    Likes Received:
    0
    Sophea can you please clarify on the mitigation process...thanks
    what I can do at this stage
     
  9. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    I believe Sophea is referring to your responsibility to reduce or prepare whether your responsibly or not.
    So if you see a problem and don't do all you reasonably can to avoid or reduce the damage you can be judged partly responsible.
     
  10. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,175
    Likes Received:
    260
    An example for mitigation - Imagine you have an expensive $10,000 BBQ on wheels near the wall and you noticed the wall was starting to collapse and told the neighbour and he did nothing about it. If a week later the wall collapses and destroys your BBQ you cannot sue for the $10,000 cost of the BBQ because it is your responsibility to move it out of danger. You can sue to have your yard returned to it previous state.
     

Share This Page

Loading...