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My neighbour has an 8 ft retaining wall on their side on the…

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Good Afternoon, Lawyer's Assistant:...

Good Afternoon,

Lawyer's Assistant: Hello. How can I help?

My neighbour has an 8 ft retaining wall on their side on the property from where the block of land was orginally cut. The wall is made from timber sleepers and they want to replace it with concrete. Am i responsible for paying half ?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Qld Gatton 4343

Lawyer's Assistant: Has anything been filed or reported?

No just quotes between our selves

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is also a timber fence on top of the wall which needs replacing

Submitted: 11 months ago.Category: Australia Law
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9/22/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,961
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 11 months ago

Good Afternoon

Retaining walls are not fences and the same rules do not apply.

Having said that if the current retaining wall is not in need to repair and they simply want to change it to concrete then it is all there costs.

Having the fence on top of the wall is an issue because the whole structure can be seen as the fence and QCAT can order contribution but only if there is a need for repairs and replacement. If not then it is all at the cost of the neighbour that wants to change it.

Here is some information

https://www.qld.gov.au/law/housing-and-neighbours/disputes-about-fences-trees-and-buildings/avoiding-fence-tree-and-building-disputes/your-responsibility-as-a-fence-owner

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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.

Regards
Leon

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