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Who is responsible for a retaining wall between properties?
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Who is responsible for a retaining wall between properties?
Generally, it's the property owner who also gets the benefit from the wall's existence who should be responsible for the wall. Laws stipulate that retaining walls over a metre in height must be built under the supervision of a licensed structural engineer. Indices Commodities Currencies Stocks Learn how Marcus Sheridan is helping agencies to sell more retainers and create faster results with workshops. Some retaining walls are quite old and do not comply with modern building standards Retaining walls constructed on or near common boundaries are often the cause of disputes between neighbours, particularly when the wall requires repair or replacement in the future. My client's property remains unaffected by any water ingress. Find your property line's location. There is a dispute over who has responsibility for the repairs to the retaining wall. Homeowners need to know who is responsible for the retaining wall nearby. In most instances, retaining walls are the responsibility of the downhill property owner since they graded their land level and created the need for such structures. When the adjoining land was acquired by its owners, there was no obligation imposed to repair the wall. The previous owners indicated on the sale documentation that the boundary fence on that side of the house is the responsibility of what is now my property. Godrej Properties will be repo. Mineral rights allow the owner to gain. I have a retaining wall leaning bad. A dividing fence is a fence that divides two properties. If the wall is on your neighbor's property, and the wall is his property, then your neighbor is responsible. The rockery or retaining wall will be 4 feet or lower in height as measured from the bottom of the footing (even if under grade) to the top of the wall. A retaining wall involves a complex interaction of soils. One of the legal rules regarding a retaining wall is that: _if it has a height above a metre, then its installation must be supervised by a licensed structural engineer_. Ownership rights: Property lines define boundaries and what land owners are responsible for maintaining. To avoid such disputes, it is always best practice to construct retaining walls (and their associated footings, drainage and backfill) entirely within your property. IntroductionRetaining walls are essential structures that provide support and stability to properties built on sloping terrains. The responsibility is the neighbors. If you notice signs of retaining wall failure on your property, consult a construction defect lawyer or engineer as soon as possible. Retaining walls not only. In most cases like this both you and the neighbor are considered to benefit from the wall (the neighbour retains dirt and you keep it out). Terry_w,26th May, 2018 The chart below provides a summary of state laws related to property line and fence laws in Connecticut, including links to important code sections Repair of Division Fence: Conn Stat 47-51. seven feet tall in places. The wall is in need of replacement due to leaning and loosening block. Property owners should therefore discuss their proposals to excavate, fill and retain along boundaries with their neighbours. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. We are downhill from our neighbor and the builder installed a retaining wall between our houses. The retaining wall's function is to hold the soil and stabilise it so that erosion can be prevented. So, you need to make a request for the Landlord/owner to fix it to avoid damage to your home. The primary purpose of a boundary wall is to protect property from external intrusion, such as wind or rain damage. Retained earnings are part o. A retaining wall is built for a purpose. Both properties are located on a slope, it appears as though the original retaining wall was cut into the up hills property to level out the downhill neighbors property, in order to keep from having to build up the downhill neighbors property. Both properties are located on a slope, it appears as though the original retaining wall was cut into the up hills property to level out the downhill neighbors property, in order to keep from having to build up the downhill neighbors property. Retaining walls need building approval, unless they meet all the following criteria: less than 1. This means joint responsibility for the maintenance of the wall/fence. Financing the Wall. Who is responsible for the integrity of a retaining wall between me and my up hill neighbor. retaining walls, partition fences and other site structures, or portions. You can buy the documents from the Land Registry if you don't have them - it doesn't cost a lot. Depending on where you live, they may also need a permit from the city, and supervision of its construction by. Where do the retaining wall posts go? Is a retaining wall the shared cost and responsibility if it's built on the boundary? The most critical thing to keep in mind is the lay of the land. The driveway/road has a wall on the other side to our client's property which is a retaining wall, which then drops into a car park owned by the local authority. Whoevers property the retaining wall is situated on will be responsible to maintain it. Retaining walls are not normally a matter of joint responsibility for neighbours because a retaining wall is usually of more benefit to one. Issues with dividing fences. While a retaining wall can serve as the footing for a fence, the wall itself is not considered to be a fence and is covered by different laws. This spring, we finally got around to hiring a landscaping firm to fix the wall. This is supported by section 11 (5) (a) of the Party Wall etc. Some retaining walls are quite old and do not comply with modern building standards. Our backyard has a wood retaining wall that backs up to a neighbors property. We help people to understand their rights and obligations, and give people the support they need to take action. Customer: The retaining boundry wall between our 2 properties is rotting. Any neighbourhoods in my area that have a complete drop style situation the developer was responsible for a retaining wall between the affected properties. The neighbour's seller (a construction company) told him that. Posted on May 16, 2019. And, if a fence is actually a retaining wall then… it is not a fence, it's a retaining wall. It isn't a wall of a building, nor is it a retaining wall - except if it's used as a foundation or support for the fence. Customer: Texas law, residential retaining walls between houses. Often, these are metal pins or stakes buried 6"-10" below the surface at each corner. By Tony Carrick Updated on Nov 30, 2022 10:56 PM EST Retaining walls are engineered to support built up (fill) or excavated (cut) earth. The retaining wall on my side, is about 6 feet high, on the neighbouring side is about 18ft high! A "de minimis structure position discrepancy" is where a structure extends onto the adjoining property by no more than: For commercial, industrial, and multi-unit residential property - 0. Read our guide for 10 retaining wall ideas for every landscape design. When it comes to landscaping, one element that often goes overlooked is the landscape retaining wall. Retaining wall was built by uphill house, but placed on the downhill house lot. The driveway/road has a wall on the other side to our client's property which is a retaining wall, which then drops into a car park owned by the local authority. The Amazing fact about neighbors retaining wall falling on my property. Partition Fences. Or you can read it and write down what you just learned, as if you were teaching s. The only way the wall owner is responsible is if the wall is on their side of the property line. When there's a right-of-way easement on your property, the land still belongs to you, an. It is a good idea to have the boundary line pegged by a licensed land surveyor to be sure the retaining wall or dividing fence is placed in the correct location. 1 Answer from Attorneys. ; Zoning and land use: Properties have specific rules regarding building setbacks, easements, and permissible land uses. Who is responsible for the construction of a Retaining Wall? Responsibility for retaining different ground levels is generally determined by the extent that the natural ground level has been altered by cutting or filling on either or both properties. budgies for sale From finding tenants to h. Our property is on the upside with theirs being lower. Retaining walls may be required where there are varying levels of land and that land requires supporting at a steeper angle than the land can naturally support itself. If everything is pristine and natural on both sides of the boundary, natural sluffing of earth creates no duty and therefore no liability for a duty's breach. An "easement" is the legal right to use or access real estate that belongs to someone else. If it's truly the neighbor's predecessor who dug out the foot of the hill and installed the retaining wall, then it's the neighbor's liability if it collapses. ; Zoning and land use: Properties have specific rules regarding building setbacks, easements, and permissible land uses. A retaining wall is often found between properties where the ground is at different levels, and: provides structural support for the higher property; maintains the surface of the higher property at its present level; forms an essential part of the higher property and There is no evidence in the deeds/ registered titles. Retaining walls are known to fail during an event such as a heavy storm; and often this is the occasion of failure rather than the cause. To resolve such conflicts, the first step is to review the property deeds. Historical Agreements: If there are existing. Retaining Wall Property Line Responsibility - Web who is responsible for repairing a retaining wall between two properties? Web building retaining wall systems on property lines requires mutual consent. Property owners in California have the ability to offer property for rent to tenants. Terryw Solicitor, Mortgage Broker and Chartered Tax Adviser 583 Tax Tips. is nicole wallace married For fences within a strata scheme between lots the two lot owners affected will be responsible. This article aims to briefly discuss the challenges facing residential neighbours when a dispute between two neighbours in relation to a retaining wall arises. A: The owner of the property on which the retaining wall is located. Our neighboring HOA has retaining walls and a large section along one side began deteriorating several years ago (property ~10 yrs They had to spend a large sum of $$ to replace it The best thing to do is call your local city or county building inspectors office and tell them that there is a retaining wall that is failing; they will inspect it and send letters to the property owner (and probably you) outlining the legal requirements and who is responsible for the required mitigations. His side is about 18 inches higher than my side. 5 feet; For agricultural and rural property - 0. It is the responsibility of owners to maintain them in safe and sanitary conditions. If the retaining wall follows the property line, there are certain situations where full responsibility falls on the owner. They have a specific structural purpose, and that means that responsibility of revetment walls or retaining walls is quite different. While a retaining wall can serve as the footing for a fence, the wall itself is not considered to be a fence and is covered by different laws. We have always believed that the wall was a shared responsibility between us and the property below but he has decided in a very forceful way, in letters and emails to state that he has no responsibility or liability for the wall at all and that liability for. By Aylward Game - Jul 8, 2022 Property Law. Being a property manager requires a diverse skill set and the ability to wear many hats. Not sure who's responsible when a retaining wall falls between properties in Melbourne? Here's what you should know. There is rock wall retaining wall between the properties which was part of the subdivision but the retaining wall in questions is another retaining wall on top of the rock wall retainer. A boundary wall can also act as a physical separation between two. Calculating the cost of a retaining wall can be a complex t. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate. Retaining walls are used to control backfill and topsoil and prevent them from eroding. but this may be wrong. gumtree poole Perhaps the fence doesn't even need. Retaining walls on property boundaries. Our backyard has a wood retaining wall that backs up to a neighbors property. An "easement" is the legal right to use or access real estate that belongs to someone else. Where that is not the case, (the wall is not required to support the dividing fence), the landowner who benefits from the retaining wall is responsible for the cost of. One of the primary challenges presented by retaining walls between properties involves legal matters regarding property lines. There’s so much more you can do with it than you can do with a rental. A cement wall gives your yard extra privacy, helps you define your outdoor spaces and can add a unique look to your home. Unlike fences, retaining walls are the responsibility of the land owner who's land is on the higher side and being held back by the wall My property in Victoria has a retaining wall on the boundary of which I am on the uphill side of. Retaining walls between 2 lots or a lot and common property The responsibilities for 'internal' retaining walls - between two lots, or between a lot and the common property, may involve the body corproate. Retaining walls, as these are usually of more benefit to one neighbour than the other;. I have a retaining wall leaning bad. If the retaining wall was Source: wwwcom Who Is Responsible For A Retaining Wall Between Properties Bc - Web if the retaining wall is built on the property line between two houses, who is deemed responsible. Myths. About 10 feet below the large retaining wall is the resort's golf course, but the wall is constructed within the property lines of the individual units as shown on their surveys. These walls not only add structural support to your outdoor space but also pro. Paul's neighbours decided to build a new fence between their property and his, and he let them know he was happy for this to happen. It is likely the higher land owner is responsible, but you should seek legal advice to confirm. When the adjoining land was acquired by its owners, there was no obligation imposed to repair the wall. Act 1996 which states that the cost of repairing a party structure is defrayed according to. Retaining walls can be constructed using bricks, limestone/concrete blocks, post and panel, timber sleepers. Our retaining walls, fencing, paving and landscaping will stand the test of time, enhance your investment, and provide a lifestyle that you can enjoy, and others will appreciate. Texas Agriculture Code, Chapter 143. You need legal advice. If the wall is not on your property, you are not responsible for the upkeep, maintenance and repair of the retaining wall, even if it is for the benefit of your property.
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A wall built as part of the highway is maintained by us unless it forms part of the adjoining. These maps provide detailed information about the boundaries of a property, including th. You can use a shovel and a metal detector to find them. However, you will require council consent and an engineer for walls that are higher than 600mm high, and in some states, 1000mm high. The situation is a typical residential block, the developers seem to have used a retaining wall to help level blocks. For more information refer to the following documents. For boundary fences that will mean the body corporate and the neighbour will be jointly responsible. Terry_w,26th May, 2018 The chart below provides a summary of state laws related to property line and fence laws in Connecticut, including links to important code sections Repair of Division Fence: Conn Stat 47-51. So, barring any signed, recorded joint maintenance agreement specifically pertaining to the retaining wall, it's up to you whether to repair the wall. A boundary wall can also act as a physical separation between two. A retaining wall is not classed as a dividing fence. Greg Spotts, DirectorAddress: 700 5th Ave, Suite 3800, Seattle, WA, 98104 Mailing Address: PO Box 34996, Seattle, WA, 98124-4996 Phone: (206) 684-7623 Email: 684-Road@seattle Streets and sidewalks are for everyone's use. Building consent. The use of creosoted railway ties is strongly discouraged. In many cases the construction and maintenance of retaining walls, particularly of property retaining walls, was dealt with as 'accommodation works' and responsibilities agreed in an exchange of letters between the highway authority and the landowner, without any reference being incorporated in the Deeds of Conveyance. 5 to five feet from property borders to avoid legal complications. The retaining wall between house A and house B holds up 75% of the land for house B, and 25% of the land for house A House B is responsible for the existing retaining. Mutual acquiescence or acceptance in that line as the property boundary. Its newest feature may be taking a break from Instagram. A property owner is responsible for maintaining vegetation. That being said, the method has its drawbacks. The only way the wall owner is responsible is if the wall is on their side of the property line. lacryboy Trusted by business builders worldwide, the HubSpot Blogs are your nu. They are, however, typically linked together by a. In Austin, Texas, and many other places, the general rule is that the property owner on whose land the retaining wall is built is responsible for its construction and maintenance. You can own pets, renovate, mount things to the wall, paint and make many other d. Retaining walls are known to fail during an event such as a heavy storm; and often this is the occasion of failure rather than the cause. This wall holds the neighbors property from coming on my property. That being said, the method has its drawbacks. And a retaining wall is a. The best solution would be to talk to your neighbor about putting in a retaining wall on the boundary line and try to agree to share the costs. Generally, the party, or their successor, who built the wall is responsible for its maintenance and repair. There is a clear difference between a retaining wall and an ordinary wall, such as a boundary wall. So if the retaining walls are part of private property, the property owner is responsible for its maintenance. The only way the wall owner is responsible is if the wall is on their side of the property line. Generally speaking, property owners are responsible for maintaining the boundary wall on their property, while shared walls or those on the common property may be the responsibility of a body corporate or homeowners. A potential buyer is inquiring as to who is responsible for the care and maintenance of this wall, the HOA or home owner(s). The best way to proceed, in my opinion, is to have a lawyer send a Legal Letter with two quotes for the retaining wall attached, making clear that your neighbour (as the party who has changed the natural slope of the land) is legally responsible for the cost of the retaining wall, and to suggest that your neighbour seeks independent legal advice. Any Surcharge Rebar Reinforcement Retaining Wall Height Exposed Wall Height 2) He wants me to get a retaining wall built. Disputes arise when people have different opinions about the use or appearance of their shared or neighboring property. Think of building a retaining wall like owning an automobile. Their houses are built on the flat area created by the wall - if the wall wasn't there, all of our yards would be a 40 degree slope, likely useless for construction or recreation. The wall is falling. carrd resources dividers Good morning - the answer depends on which side of the boundary line the retaining wall is located. The purpose of this divisional circular letter is to bring to attention to all building control bodies and other interested parties the safe design, construction and maintenance of. Each property owner must keep up with the maintenance on their side of the line. A retaining wall is not classed as a dividing fence. Perhaps the fence doesn't even need. Retaining wall was built by uphill house, but placed on the downhill house lot. Aug 16, 2020 · Laws stipulate that retaining walls over a metre in height must be built under the supervision of a licensed structural engineer. Boundary structures are fences, hedges, garden walls or any other physical feature which act to separate one property from another. Sharing costs of a retaining wall The general rule is that the person that benefits from the retaining wall is responsible for it. We are a law firm dedicated to upholding the highest standards of professionalism and compliance with the acts, rules, and regulations that govern. Both owners will be responsible for the fencing work, which includes retaining walls which are used as boundary fences, subject to the party who gets the dominant benefit of the retaining wall. In most cases, the responsibility of maintenance will fall to the property owner whose land benefits most from the retaining wall. The neighbours house16 Lawyer Civil court judges also frequently order problems to be fixed, if fixing them would be easy and inexpensive. Sharing costs of a retaining wall It is generally more practical and economical to construct one retaining wall between two properties (as shown in Example 1), instead of each owner constructing separate retaining walls (as shown in Examples 2 and 3). You may want to have a survey done, if you don't know where your property boundaries are. It must be a common feature of retaining walls that whatever is constructed above the wall is likely to collapse if the wall is removed. Sharing costs of a retaining wall The general rule is that the person that benefits from the retaining wall is responsible for it. From visual inspection, the ties appear to support a level surface for the uphill home, however the location. D-19-043295. They are skilled and experienced in how to build retaining walls with proper insurance and cover for construction during and after the. Generally, neighbors are equally responsible for maintaining and repairing their common fence or wall. This remains true even if the owner sells their land and a new owner takes over. tinyhouse listings Retaining walls serve a different purpose than fences. 75 feet; For conservation property - 1. 5 feet; Local Fence. For more information, view our Fences and Retaining Walls (PDF) document What needs to be done when I sell my house? Hope someone can help. Tree Trimming: Michigan Complied Laws Section 750 Boundary Fence Rules. The most basic rule is that 'the person on whose property the fence is located owns, and is therefore responsible for, the fence. Sharing costs of a retaining wall It is generally more practical and economical to construct one retaining wall between two properties (as shown in Example 1), instead of each owner constructing separate retaining walls (as shown in Examples 2 and 3). We are the uphill property in a neighborhood in Escambia County,Florida. It is the responsibility of owners to maintain them in safe and sanitary conditions. "If voters are going to retain their power, they need a legislature that's responsive to politics, not a judiciary that's responsive to politics. Analysts predict earnings per share of $0Go here to track Gami. A complete drop should have been addressed by the developer prior to the survey being approved by your municipal government. Think of building a retaining wall like owning an automobile. The retaining wall sat right against the property line and served to hold up a row of privacy bushes. Retaining walls A retaining wall is a structure built to retain a difference in ground levels. You may not want to become a CPA or corporate accountant, but, if you want to invest smartly, you should understand how retained earnings are recorded. If the fence is on a boundary between a lot and the common property then it is the Owners Corporation's responsibly as owner of the strata parcel (we refer to section 266 (1) of the Strata Schemes Management Act 2015 ). Any Surcharge Rebar Reinforcement Retaining Wall Height Exposed Wall Height 2) He wants me to get a retaining wall built. The wall is approximately 3' tall. Paul's neighbours decided to build a new fence between their property and his, and he let them know he was happy for this to happen. The assumption would be whoever has control of the face of the wall Boundary walls and fences maintain the harmonious relationship between property owners, and determines the dividing line where two properties meet.
Retained earnings on a balance sheet represents the sum of profits that were not distributed to shareholders. This means that if land is cut (ie, dug out), then the retaining walls will be placed on the lower property In general, the retaining walls are the responsibility of the higher property owner. Benefit Principle: The property owner who derives the most benefit from the retaining wall is generally considered the primary custodian. Both Neighbours Are Responsible for Maintaining Retaining Walls. Indices Commodities Currencies Stocks Learn how Marcus Sheridan is helping agencies to sell more retainers and create faster results with workshops. how long does it take for omeprazole to work If you require qualified legal advice on anything mentioned in this article, our experienced team of solicitors at Foulsham and Geddes are here to help. For fences within a strata scheme between lots the two lot owners affected will be responsible. Home ownership brings with it responsibilities, not the least of which is ensuring that any renovations or improvements respect the limitations imposed by your property lines Home ownership brings with it responsibilities, not the least of which is ensuring that any renovations or improvements respect the limitations imposed by your property lines Ramco-Gershenson Properties Trust Registered will release figures for Q4 on February 15. The property the retaining wall is intended to benefit most is where it will be located. Read our Diagnose page and Violations page for more information I own a residential lot that abuts a city sidewalk and the 5' retaining wall straddles the property line. The retaining wall has a pretty heavy lean at the top of the wall and leans towards our side. Real estate Filing a lawsuit. chevy cruze overheating problems The boundary wall, as you describe it, and as indicated by your photographs, is indeed dangerous. This post appears in the July 2022 edition of The QLD Strata Magazine. As well, it may be that they are in breach of a city by-law so you can call by-law enforcement. In Austin, Texas, and many other places, the general rule is that the property owner on whose land the retaining wall is built is responsible for its construction and maintenance. walmart order online pickup in store Our property is lower than theirs so I believe the wall is "retaining" their property. The retaining wall is very old and was built prior to either us or our neighbours buying our properties. A retaining wall is a rigid wall designed to provide support to the soil so that it doesn’t move downhill. Hi I do not know of any law that addresses retaining walls in particular. If it is in an internal floor and the pipe services more than one lot, it is the owners corporation responsibility to maintain burst pipe or any plumbing under the floorThe Plug & waste is within the airspace of the lot and therefore the res 1.
Would this mean that I pay up to the natural landscape and the neighbour above. Where both property owners alter the levels, they would be jointly responsible. Lawyer: Joey. The owner assumes full responsibility if a wall lies on an actual property line. In this video we talk generally about retaining wall responsibility NSW and who is responsible to maintain and repair when adjoining properties have a retaining wall. We would like to show you a description here but the site won't allow us. A retaining wall is not classed as a dividing fence. Now, there is a dispute between my neighbor and myself regarding who is responsible to hold up the soil or pay for a retaining wall. A property line is the legal border between two pieces of land, and is often marked by a fence, trees, or bushes. The retaining wall has failed. Retaining walls are used to control backfill and topsoil and prevent them from eroding. He has had the plans drawn, consent given, and the boundary surveyed 18 months ago to re-retain however hasn't proceeded with work5m within the boundary on his side. One common concern for property owners is how to keep people off their property A retaining wall can increase your yard’s functionality while improving its curb appeal. The fintech company i. The strata plan will generally depict the boundaries of lot property and common property. In such a situation the uphill property owner is unlikely to be found liable for building such a retaining wall (particularly if the same is necessary to protect his/her property), even if the increase water flow damages the downhill neighbor's property. How do we determine who is responsible for the wall? It is common for retaining walls to be constructed between adjoining properties on different levels. City Council Meeting July 15, 2024 Website Message View Profile. All this suggests that the municipality is responsible for the retaining wall. So, at the very outset of a dispute, there is the potential for. karlnapity smut This determination can be achieved by considering the purpose for the retaining wall or why the retaining wall was built in the first place. Checking your CC&R's will help you determine whether the developer placed the responsibility for retaining walls jointly on adjoining property owners. California law also has a statute concerning spite fences. So whoever alters the natural state of the land is responsible for building and maintaining the wall [deleted] Retaining wall or garden box: It is retaining 1. If the "T" is matched by another "T" on the boundary so it looks like an "H", this shows the boundary to be a party wall/ fence. Other kinds of liability may be based on the failure of lateral support (for example, in excavation or retaining wall failures), nuisance, or even the. It is crucial to be aware of local regulations before building a retaining wall. Whoevers property the retaining wall is situated on will be responsible to maintain it. Often, these are metal pins or stakes buried 6"-10" below the surface at each corner. We would like to show you a description here but the site won't allow us. By Aylward Game - Jul 8, 2022 Property Law. Our retaining walls, fencing, paving and landscaping will stand the test of time, enhance your investment, and provide a lifestyle that you can enjoy, and others will appreciate. A retaining wall is often found between properties where the ground is at different levels, and: provides structural support for the higher property; maintains the surface of the higher property at its present level; forms an essential part of the higher property and There is no evidence in the deeds/ registered titles. Fintech Robinhood is cutting 23% of its workforce, its second layoff in just a few months. Drainage Easement Contract Elements. What are the general rules for building a retaining wall on the property line? And who takes responsibility for maintaining the retaining wall? We'll tell you everything you need to know about building a retaining wall along a property line in this article. two houses were constructed at the same time. - There is a wood retaining wall (approx. If the boundary wall/fence is built on two or more areas of land belonging. Where does it slope? How steep is the angle? How will this affect my and my neighbours. A dividing fence is legally the joint property of both property owners, which means. Gary Horning, Lancaster's bureau chief of Code Compliance and Inspections, said the city recently had to deal with the case of a four-foot retaining wall in need of immediate repair. see through bathing suit The responsibility of monitoring and maintaining the retaining wall is the responsibility of the owner of the property on which the wall has been built. My client's car park backs onto a residential property and the boundary is an old brick wall approximately 100 meters long. who owns the hedge, wall, tree or fence between 2 properties The defendant's property stood four to seven metres higher than the plaintiff's property. The Amazing fact about neighbors retaining wall falling on my property. Partition Fences. The retaining wall sat right against the property line and served to hold up a row of privacy bushes. • Any retaining wall in excess of 30 inches (2. The same applies to trees and plants in a shared hedge so that both tree and plants are shared. The retaining wall between house A and house B holds up 75% of the land for house B, and 25% of the land for house A House B is responsible for the existing retaining. Posted on May 16, 2019. It must be a common feature of retaining walls that whatever is constructed above the wall is likely to collapse if the wall is removed. The owners of all abutting properties generally have the right to use the entire length of an alleyway or driveway. How can I go about finding out who is responsible for maintaining this wall? Are the laws for maintaining a retaining wall similar to the laws of owning a common fence between neighbors? For any retaining wall within or on the boundary of Council's property, other than a road reserve, the ownership and maintenance responsibility will sit with the party who is benefitting from the wall. 1 Structures located on the lot line of adjacent properties. Find your property line's location. Benefit received by each party from the retaining wall which may be determined by looking at the purpose of its construction - i to hold fill for a higher property or to cut in a lower property. Sep 14, 2015 · Sydney. Boundary walls and dividing fences in WA. The retaining wall has a pretty heavy lean at the top of the wall and leans towards our side. These relate to the location of the boundary between the two properties, or when trees or plants encroach on or overhang the other property, or when the wall (or work done on it) causes a nuisance or a threat to the neighbouring land, or when the wall diverts the. Retaining walls, as these are usually of more benefit to one neighbour than the other;.