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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22318
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Who owns a retaining wall that was built BEFORE anyone purchased

Customer Question

Who owns a retaining wall that was built BEFORE anyone purchased the adjoining stand? This was badly built and is in a state of near collapse. How can I find the regulations pertaining to 2000 when it was built? Going round in circles.
Submitted: 7 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 7 months ago.
If the retaining wall is on your property it belongs to you and if on the neighbours land, it belongs to them. If it is on the boundary then it is likely to be a joint obligation. If it supports a fence then it may be covered by the Fencing Act, which makes this a joint obligation. There are no specific regulations or statutes which cover retaining walls although they need building permits when constructed and often engineering reports to comply with building bylaws.

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