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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44677
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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There is a retaining wall at the rear of my property. It is

Customer Question

there is a retaining wall at the rear of my property. It is the on the boundary between my property and one of my neighbours. The properties are on a slope, ours is the lower property. The structure is built to allow my neighbours section to be level. There is a drop of approximately 5-6 feet from the level of my neighbours property to the ground level of mine.The wall has a fence on it. The retaining wall is rotten and failing. this is causing soil and debris to fall from my neighbours property onto mine. The land is subsiding into my property. Who is responsible for repair or replacement of the wall?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NSW
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 10 months ago.

Good Afternoon

If the retailing wall forms part of the fence then the law says it is a fence and you are both liable to pay 50% each.

If it is not part of the fence and it is separate then the party that needs the wall is liable and that would be your neighbour as their land is being returned.

You also have to look at what is causing the damage. If is it from your neighbours land then they can be held 100% liable irrespective if the fence is part of the wall.

Here is some information.

You need to get an independent builder to come and have a look and give you a report on the cause of the fence failing before you approach the neighbour.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Expert:  Leon replied 10 months ago.

Good Morning.

Just checking to see if there is anything else I can assist you with? If not than you for using my services and take care