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We have a retaining wall of 1 mt high on our boundary
We have a retaining wall of 1 mt high on our boundary between neighbors, it is falling down. I have asked the council for advice and they have said it does not need consent. My neighbor who called a m… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
I have a question regarding a boundary line retaining wall
I have a question regarding a boundary line retaining wall issue. We are on the high side of our neighbour and the boundary between our property and their property is separated by a very old, not fit for purpose retaining wall. The wall would have been originally built to flatten their section (i.e dug into our hill). They are wanting to redo the wall but are insisting that we pay half. The retainer really has no benefit for us. It seems as though they just don't want to pay for all of it as it would require consent and hence more money so are pulling the boundary line card. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
I am a one-third cross-lease owner of a property, A, and C.
I am a one-third cross-lease owner of a property, A, B and C. A's boundary has a low retaining wall with a neighbour (high side) which has a driveway along the top of it. The neighbour says the wall i… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
Who is responsible for a retaining wall not sure if its
who is responsible for a retaining wall not sure if its right on the boundary or more on my side … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
In Wellington, Our neighbours had damage done in the
Our neighbours had damage done in the November earthquake. Their property sits higher than ours and they had a slump in their land which has caused stress on our boundary retaining walls. EQC have been involved and paid out the affected land value - this in no way covers the fix. The way EQC tried to fairly proportionse the payment was; neighbour all damage on their side plus half of a portion of crib walling. For us the other half of the crib walling and boundary retaining wall. Because there was more damage on the neighbours side they got $25K, we go 12K. Now that we are in the process of having it fixed (apprx$92k) the costs are as follows - neighbours patio 22K (neighbours), crib wall 28K (which we would share) boundary wall/fence 25k. Because we received land value payment from EQC for the boundary wall does that mean we will have to pay the full amount for the repair? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
Our home was built in the 1950's in a coastal environment,
Hi there, Our home was built in the 1950's in a coastal environment, so on a natural sand dune. We have not altered the natural ground level at all. However the neighbouring property was built in or a… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
Our property was built in 1984, the properties behind was developed
Our property was built in 1984, the properties behind was developed in 1988. There is a retaining wall and on top of the retaining wall is a fence, which is now leaning towards us by about 15-18dec. T… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
Who owns a retaining wall that was built BEFORE anyone purchased
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… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
Unfortunately, we are having a dispute re retaining walls
Unfortunately, we are having a dispute re retaining walls with our neighbours. Their property is uphill of ours and the soil level has been built up (possibly 80 years ago when their 'front yard' beca… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
We have rebuilt an EQ damaged house here in Chch. Our section
We have rebuilt an EQ damaged house here in Chch. Our section is considerably higher than the neighbours section. The original section was much larger (and owned by the neighbour) before they subdivid… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
Our neighbours have built a house close to our property boundary
Our neighbours have built a house close to our property boundary and have raised their floor level by 500mm with a sand pad which currently overflows onto our property by 2 metres. We are about to sta… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
Hi I have a boundary retaining wall with a wooden fence above
Hi I have a boundary retaining wall with a wooden fence above that runs the length of my section in West Auckland. This supports the neighbour's driveway & property (they are on the higher side. Its b… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
Hi, we are currently in dispute with our neighbours over who
Hi, we are currently in dispute with our neighbours over who has responsibility to replace the retaining wall between our properties. The wall has been tilting over for the past few years and it has g… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
When a retaining wall requires a fence on top because of the
When a retaining wall requires a fence on top because of the height difference between two properties, where should it be located? I think the wall should be the structure that is built on the boundar… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
We are on the upside of our neighbours, separated only by a
We are on the upside of our neighbours, separated only by a 1 metre block wall that sits on their property. We would like to fence our section for our childrens safety, however their block wall is in … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
With regards XXXXX XXXXX fencing act when is a boundary retaining
With regards XXXXX XXXXX fencing act when is a boundary retaining wall deemed necessary? The ground drops about 1.5 metres at our boundary - this has been satisfactorily retained by planting for many … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
Hello My neighbor has had a big dig out and fixed a retaining
Hello My neighbor has had a big dig out and fixed a retaining wall, there is a 5 meter drop on my boundary now. A fence needs to be erected he is saying we need to share the cost, I am saying you caus… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers
we are wanting to build a garage and need our neighbours consent.
we are wanting to build a garage and need our neighbours consent. the boundary lines where our existing boundary lie our slightly out ( between 10mm and 40mm), meaning the eaves of our new structure w… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
31,844 satisfied customers

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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 (last updated February 8, 2012).

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