A retaining wall exists between myself and neighbor and is structurally failled. It supports the dirt on their high side. It is 1 cm from the boundary line and the wall lies on my side. A boundary fence is on top, not directly attached. My neighbor says that as the wall is on my side that I am responsible for building and cost. Is that true? Is there law that guides who is responsible?
Generally the property that changed levels is responsible. Check with your council as to which property altered the land level.
A 1cm gap from the wall to the boundary may simply be an error.
A 1cm gap from the wall to the boundary may simply be an error.
Thanks for the reply. I have checked with council and there are no records. None. Not even a prior survey. The 1cm gap is correct, as both I and neighbor had surveys done recently that confirm this.
I guess some court in the end has to adjudicate, as you say, regarding who likely changed the soil levels.
I guess some court in the end has to adjudicate, as you say, regarding who likely changed the soil levels.
I was not disputing the current surveys, I was suggesting that whoever put in the retaining wall may have meant to place it on the boundary but didn't.
Sucks having no council records.
Options:
1. Do nothing, leaving wall and fence as is
2. Agree on a split
3. Do the work and pay for it, then seek a contribution from the neighbour
4. Go to court first.
Maybe check with the historical society to see if they have any photographs of the area. Or check with former owners.
Sucks having no council records.
Options:
1. Do nothing, leaving wall and fence as is
2. Agree on a split
3. Do the work and pay for it, then seek a contribution from the neighbour
4. Go to court first.
Maybe check with the historical society to see if they have any photographs of the area. Or check with former owners.