Who Pays for Retaining Wall on Dividing Fence?
Trying to find an answer on this issue has me tearing my hair out. Local Councils can’t help, no info in the fencing act, and the only way I can get a legal paper to give my neighbor to prove that she pays for the K retaining wall to contain my property is to hire a lawyer!
I live on a hill, and the dividing fence needs replacing. The existing fence is weathered and the retainer has rotted.
My neighbor’s block is lower than mine, its not because I added fill to my land, my property is unchanged and still has a sloped yard, her block is lower because she excavated her land, removed earth and made it flat.
Without making things complicated, she modified her land, and the edge of my land bordering hers now needs to be retained from collapsing. Because she modified her land and removed the natural slope on her property, she should bare the full cost of the retainer, am I not correct? She believes I have to pay!
If i was to get a excavator on my land, remove earth, level my property and cause a 2 meter wall on the higher side of my land, I couldn’t ask the little old lady next door to cough up a few grand to pay to retain her land now could I? I would have to pay because I modified my land and in turn, undermined the integrity of her property, caused the earth to erode from under her driveway and garage slab… how could something like this be such a gray area in fencing laws?
Put it this way, if I wanted to make my land 20 meters lower than my neighbors on both sides and live in a hole and I was to remove 20, 000 cubic meters of earth do I send my neighbors a bill to construct a 20 meter high retainer to stop their properties collapsing on my roof? same kettle of fish…It just makes sense that i would have to pay, if I modify my land and create problems with my neighbors land that should be my responsibility to make sure their property is not at risk….
Found the Answer! The council sent me a document on the topic and is just as I expected, If someone alters the natural slop of their land by either cut or fill to create a flat building block or yard and create a edge, they have to pay to retain the edge. Glad there was a logical answer to this question and just as I would of imagined in a perfect world. My neighbor was positive I had to bare the cost to retain my land but now I can hand her the document that excludes me forking out any money towards the retainer for she cut her land and mine is unaltered!
[affmage source="ebay" results="20"]excavator[/affmage]
You are absolutely correct in any sane universe. This sounds like it should have come up somewhere in your area at some point, and a civil court judge should be able to make a ruling without you having to hire a lawyer. However I am in no way a lawyer, judge, old lady, or a retaining wall expert. What I do know is that i would stick to it and not let some over-zealous, crazy person stomp all over you. Of course the judge might also say that whichever of you is more vested in not having the land slump should pay. There is a discussion here that says whoever orders the work pays, but that particular town council states such a solution. http://forum.homeone.com.au/viewtopic.php?f=19&t=3672
ps.
A very grumpy judge might tell you both to equally pay his cousin 2x the going rate to do the work!
she should have to pay
get a lawyer and take her to court. or take her to judge judy!
What your neighbor does on her property is her business. When she leveled her property, it is your responsible to matain your property. What you can do is consult a lawyer and ask what type of case do you have,( which I think is not in your favor). You should ask you neighbor if you both can split the cost or if the lawyer tell you you don’t have a case, just ask your neighbor if she would pay less than half, give her a price. Try to work with her, if she doesn’t just do it yourself. Good Luck
the wall is not ON the property line.
it is on one side or the other.
the person whose property it is on is responsible for maintaining it.
Her block is lower because she excavated her land, removed earth and made it flat.
It may very well take a lawyer and a judge or small claims court to inform the neighbor her job is not complete. Once she altered her land she is responsible for everything downhill from her. That’s why builders have to go through so much planning and permits is they have to layout their neighborhood in a way that doesn’t affect the flow of water i.e. one building can’t cause another to flood. You’re not talking about a fence you’re talking about her lowering her land causing yours to begin to collapse and I assume the fence will soon follow. Don’t know about your area but I would think she would have had to have acquired a permit to lower her land and that permit would have been issued after a study was made on the effects on others around her.