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My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.
I am confused. The builder is doing work for you or another party?
A retaining wall is not a fence and the costs are not shared.
Is the fence and the retaining wall to be one?
Here is some information about fencing in NT
You have to pay for half of the fence. The retain wall is an issue. The law is not clear on this and it is the same in all states. If the wall forms part of the fence you may be liable. Otherwise he has to pay for the wall.
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If he owns the land that is all that is required.
He does not have to live there to ask you to pay fro 50%.
His share is a capital expense and is not deductible is forms part of the purchase price. Only repairs are deductible. Putting in a fence is not deductible.
He has placed it on his land and he cannot seek any contribution from you.
He has to give you notice of the intention to build a fence and seek your contribution before he does the work. If he has not done that you are not liable to pay anything.
If you have paid you may have a problem getting back the money without a court order and the court may not wish to make any such order.
My position has not changed
In the article you have given me look at the heading formal procedures
If this does not happen and the fence is put up then the party that put it up is going to have difficulty getting any money