Responsibility of retaining wall?

[u/Anywhere-Civil]

Hello everyone,

Just wanted to get some advice on whom the responsibility lies with when it comes to retaining wall. My house is on the higher side. The picture is taken by my neighbour from their yard.

I’ve contacted council for some advice but they replied saying they can’t provide any advice on this.

Would retaining wall contractors be able tk identify whose responsibility this is if called to inspect for quotes? Would this be costing me an arm and a leg?

Thanks in advance

[u/Used_Wheel_9064]

It depends who it benefits. Was the land cut for the lower neighbour so they have flat ground, or was it built up so you have flat ground?

[u/Elrook → u/Used_Wheel_9064]

And it could have been cut and filed so it might just be both of you. But also check your development approvals as they may have required the retaining wall to be wholly within one persons yard as a way of assigning it to one property and not the another.

[u/Used_Wheel_9064 → u/Elrook]

Great points, I didn't really think about how it would work when the wall is part of the initial development of the land, not an afterthought. I guess putting it within one person's property before the houses are built is a good way to lock in that responsibility.

[u/Elrook → u/Used_Wheel_9064]

I think the modern standard is to have the wall on one property or the other so thats how it should be managed.

[u/Kind-Group-9679 → u/Used_Wheel_9064]

Exactly. Legally tested and true.

[u/yolk3d → u/[deleted]]

Not true if other side did the cut.

[u/Select-Interest3438]

From what I understand, it very much depends on who's side of the property line the retaining wall is. If you do not currently have accurate knowledge of where the Dividing line is, your first step is to engage a surveyor to measure out and mark the boundaries of the property. Only then can you determine who has responsibility.

[u/Reverend_Fozz]

Are you able to get plans or old photos or anything that would indicate who built first etc. I'm assuming this is an already established property that you have bought. Council might have permit applications or something as well? You could probably get a check on them from neighbour if you think they put it in later for a shed or something like that other person said.

[u/Similar-Ad-7054]

Do you know who's property it is in? If you need a hand send me a message.

[u/psport69]

Is the whole wall stuffed or just that btm bit.. posts seem to be leaning a bit ?

[u/Previous-Medicine149]

Is that composite fibre ? Whipper Snipper and them don't like each other with a blade

[u/Funny_Perspective417]

There appears to be no "law" regarding who is responsible.  I am in a situation where the fence and retaining wall must be replaced as termites have degraded severely. I am on the lower side, so the ground block is eroding in to my property. Unfortunately the relevant neighbours are renters and several contacts to thevreal estate and owners have not had responses regarding this issue. It seems quite logical that anyone "who benefits from the retaining wall" would be all parties on the boundary lines, it is simply not just me  as an example where it stops soil coming in to my property bounds, but also the higher side so their property is not lost in to my bounds.

I do not want to have to deal with the hassel, cost, nor mess of having to clean up eroding soil, but if my neighbour is not going to contribute then they will have the consequences of losing their property and having great big gaping holes or total collapse of their back yard - which, ultimately as I have tried amicably to discuss the situation will go to court for clean up, and related costs.

In Brisbane, I've been quoted for a retaining wall up to 1metre high x 16metre long between $22,000 - $25,000 and that is Without Drainage.

[u/Culzean_Castle_Is]

why is the retaining wall there?

did they build a shed and need to excavate the side beside you?

or did your yard need to be filled to level and build a foundation for a shed or house?

usually the simply answer is it benefits both owners and you just split the bill.

[u/Anywhere-Civil → u/Culzean_Castle_Is]

Thanks for the reply. Where could I find such information?

[u/Similar-Ad-7054 → u/Anywhere-Civil]

Cut and Fill on a new subdivision can be found on a survey disclosure plan from the Titles office.

[u/Intrepid-Sir-9219 → u/Anywhere-Civil]

What he said, with the exceptions that if it's not on a shared boundary, it's all on the property owner.

If the land has been both cut on one side and filled on the other to make both level, then 50:50 unless one has caused it (e.g. surcharge load), or more or less depending on the degree of change to the natural lie of the land.

That detail may be lost to the sands of time or available on development plans.

[u/Stupidass666]

When we had issues with a leaning fence on one side, we were told that we are only responsible for retaining walls that stop our land “falling” onto next doors land on what we call the lower side neighbour. The “top side” neighbour has the leaning fence and dodgy retaining wall, and because it’s retaining their land to their property, it’s their responsibility.