Who has responsibility for a retaining wall?
2. Who is responsible for a retaining wall? Unless the title deeds make specific reference to responsibility for a wall, it is generally accepted that the person whose land is retained by the wall is responsible for its repair and maintenance.
Do I legally have to repair my fence?
You should be aware that they are not legally obliged to put up a garden fence on their boundary at all. Unless the existing fence is causing a safety hazard on your side, there’s very little you can do to force your neighbour to repair or replace it if they don’t want to.
When does retaining wall need to be included in dividing fence?
The Dividing Fences Act 1991 addresses how the cost of a dividing fence is shared between adjoining landowners. Under section 3 of the Act, a dividing fence only includes a retaining wall where the retaining wall is a foundation or support necessary to the support and maintenance of the fence.
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Who is responsible for replacing the retaining wall?
We are willing to pay 50% of the cost as it benefits both parties as he cut the land and we also filled to level our yard. He has started pulling the retaining wall down already without our permission and is refusing to pay anything towards replacing the retaining wall.
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What are the responsibilities of a fence owner?
1 There should be a ‘sufficient’ dividing fence between properties if an adjoining owner requests one—even if one or both pieces of land are empty. 2 Usually neighbours must contribute equally to the cost of building and maintaining a dividing fence. 3 You should not attach anything to a dividing fence that could damage it.
Who is responsible for a dividing fence on a property?
In most cases, issues about dividing fences need to be solved by the owners of the properties. If you are a tenant, unless you have a long-term lease on the land, you should refer queries over a dividing fence to the property owner or agent. A dividing fence is considered ‘sufficient’ if the fence: is constructed mainly of ‘prescribed material’.
Who is responsible for the maintenance of a fence?
Most state laws or local ordinances cast responsibility for the maintenance of boundary fences on the owners that use the fence unless an agreement indicates otherwise. The law places responsibility on both parties because both benefit from the fence. Consequently, when a fence needs repair, both property owners must share the cost.
The Dividing Fences Act 1991 addresses how the cost of a dividing fence is shared between adjoining landowners. Under section 3 of the Act, a dividing fence only includes a retaining wall where the retaining wall is a foundation or support necessary to the support and maintenance of the fence.
Who is responsible if a retaining wall on or near property fails?
When we bought we tried to arrange a repair with the neighbor whose house sits directly below but could not. 7 years later, a new neighbor just bought and is demanding that we immediately replace the wall using his contractor in a matter of weeks so he can have tenants move in. He threatens if the wall fails we are liable for all damages.
How to deal with your neighbors when replacing your fence?
When approaching your neighbors about replacing the fence, their immediate concern is going to be the cost. Let them know from the beginning if you plan to pay for it yourself or if you want to share the cost. Even if you plan to cover the cost yourself, your neighbors will probably still have other concerns about the project.
