Australia Law
Have Australian law questions? Ask a lawyer now.
Connect one-on-one with {0} who will answer your question
Answered in 1 hour by:
6/5/2012
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedYour situation is governed by the Dividing Fences Act:
http://www.austlii.edu.au/au/legis/nsw/consol_act/dfa1991137/
which sets out the rights of parties and procedures for puting your neighbour on notice that they are to contribute to the cost of the new fence.
You will note that under section 8, if the fence was damaged due to the negligence of your neighbour then they can be held liable for the whole of the replacement fence. In the circumstances you describe your neighbour may have been negligent in failing to maintain the retaining wall, but proving they are responsible may require expert evidence.
http://www.austlii.edu.au/au/legis/nsw/consol_act/dfa1991137/s8.html
Unfortunately, the only legal way to force anyone to do the right thing is to get a court order that they do so, and the above legislation is enforceable only through the courts.
Accordingly, you will therefore need to take legal in the Local Court and engaging a lawyer to do this for you is highly recommended. However, if you engage a lawyer, you may find that if your lawyer writes to the strata threatening legal action, he/she as a lawyer, will be taken far more seriously than you and this act alone may well resolve your case.
I trust the above assists.
Good luck and please click accept.
Glad I could help, however, I note you have only given me a two star/smiley rating.
Can I assist you further so as to improve your rating as I am only paid for my time and effort if you give me a rating of 3 or more smileys/stars.
Thank you.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Australia Law Questions
My neighbour and i agreed to a new fence between us. we are
my neighbour and i agreed to a new fence between us. we are on the bottom side so we had to replace the retaining wall that the fence will be on top of. before this started the neighbour has put fill on his property to raise the height and built a 600mm hight retaining wall on his side of the boundry himself. … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
Dividing fences act 1991. NSW. Tried face to face and word
Tried face to face and word text communication; compiled history, documentation, etc. … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
We live in QLD Australia in apartment block with body
We live in QLD Australia in apartment block with body corporate. We have 2 huge balconies - one at the front and one at the back which I can't see in the title documents as us having exclusive use of.… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
We live in a strata unit that has been built directly on the
Hello we live in a strata unit that has been built directly on the top of a canal. the creek is owned by our local council and our courtyards are just 2.9 meters from the retaining wall. as we already… read more
Patrick H.
Lawyer
5,422 satisfied customers
Our house was built about thirty years ago on a mound to
Our house was built about thirty years ago on a mound to lift the house above flood level, with the batter extending into the next yard. The lot next door became a strata plan and units were built abo… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
We have an easement to our property which goes down from street
We have an easement to our property which goes down from street level and the driveway is at the original ground level. Some years ago our neighbours (1) built a retaining wall down the side of their … read more
Patrick H.
Lawyer
5,422 satisfied customers
My neighbour at Raceview (Ipswich) in Queensland is not cooperating
My neighbour at Raceview (Ipswich) in Queensland is not cooperating in relation to sharing costs of a replacement boundary fence. His property rises about 50cm - 75 cm above mine at the boundary line.… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Settlement on my investment property is due on 18th march Yesterday
Settlement on my investment property is due on 18th march Yesterday I received a call from the local council informing me that a neighbour has reported the retaining wall of the property is unsafe and… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
We live in a unit, where we share our back wall with our neighbour,
We live in a unit, where we share our back wall with our neighbour, but other than that we have no common property, no body corporate, totally separate titles. Our neighbours driveway runs down the si… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Dividing fences and retaining walls. Who is responsible for
Dividing fences and retaining walls. Who is responsible for payment for repairs and replacement?… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
Hello, I have a query re a retaining wall. Approx 20 years
Hello, I have a query re a retaining wall. Approx 20 years ago, my wife and I bought a home in Brisbane that had an existing besser-block retaining wall along much of one side boundary that had been b… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Retaining wall was collapsed between my neighbour. Who is responsible
Retaining wall was collapsed between my neighbour. Who is responsible to repair, high level one or both responsible to repair ? I would like to know NSW regulation. Best Regards Don… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Twenty years ago we bought a house in WA. It was part of a
Twenty years ago we bought a house in WA. It was part of a strata company of units next door. Under a ratified agreement we have sole and exclusive use of our property contained within a boundary bric… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Hello there, after recent heavy downpours runoff from the neighbours
Hello there, after recent heavy downpours runoff from the neighbours property; and it would seem the vacant blocks at the back of his property have eroded under our side fence. You can see clearly whe… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
There is a retaining wall that is between our house and the
There is a retaining wall that is between our house and the next door neighbour however it was not built properly and is now collapsing. (Our land is falling next door) We are on the high side, theref… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
A fence needing a replacement now,has been used by a neighbour
A fence needing a replacement now,has been used by a neighbour as a retaining wall to facilitate levelling of the sloping ground of his backyard. In order for a tradesman to errect a new fence a remov… read more
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,683 satisfied customers
I have a retaining wall at 800mm high that sits on my side
I have a retaining wall at 800mm high that sits on my side of the property roughly 250mm inside the fence line. The fence dividing my property and my neighbours sits upon above this retaining wall, we… read more
Peter G.
Solicitor
Bachelor's Degree
767 satisfied customers
The retaining wall which is between mine and my neighbours
The retaining wall which is between mine and my neighbours house has collapsed and is in urgent need of repair. I am on the higher level and have tried on numerous occassions to negotitate with the ne… read more
Kenneth Hunt
Principal Solicitor and Migration Agent
Master's Degree
4 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Sean
Experienced lawyer
855 satisfied customers
Law degree with 1st class honours from Australian National University.
Darren Kruse
Solicitor
16 satisfied customers
Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
John Melis
Lawyer
35,824 satisfied customers
Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
Leon
Solicitor
33,544 satisfied customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Daniel
Solicitor
7,683 satisfied customers
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Patrick H.
Lawyer
5,422 satisfied customers
Dip Law LPAB - Sydney based lawyer
James D. Ford
Solicitor
1,600 satisfied customers
Lawyer | Founder & CEO at Blue Ocean Law Group
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
