Search found 8 matches

by retaininghell
Wed Mar 16, 2022 12:09 pm
Forum: Walls
Topic: Retaining wall slipping / Neighbour nuisance
Replies: 13
Views: 521

Re: Retaining wall slipping / Neighbour nuisance

Chartered Surveyor reported that neighbour caused fracture in wall and placed extra burden on wall. Chartered Surveyor also reported that retaining wall sits inside neighbours boundary when looking at physical evidence. Neighbour still arguing that retaining wall must be mine because of deeds (but m...
by retaininghell
Thu Dec 30, 2021 9:06 pm
Forum: Walls
Topic: Retaining wall slipping / Neighbour nuisance
Replies: 13
Views: 521

Re: Retaining wall slipping / Neighbour nuisance

Stand corrected- what I am getting at is my neighbour and him having a ‘measured duty of care’ when he did his works in 2014
by retaininghell
Thu Dec 30, 2021 6:36 pm
Forum: Walls
Topic: Retaining wall slipping / Neighbour nuisance
Replies: 13
Views: 521

Re: Retaining wall slipping / Neighbour nuisance

Mac - what is it that clearly makes the wall the property of the OP? If the OP is the owner, then there is the right of support, but is that definitely the case? It is possible that the neighbour, or their predecessor in title, raised their land since the transfers, putting in the retaining wall on...
by retaininghell
Thu Dec 30, 2021 2:15 pm
Forum: Walls
Topic: Retaining wall slipping / Neighbour nuisance
Replies: 13
Views: 521

Re: Retaining wall slipping / Neighbour nuisance

hi retaininghell, thanks for sharing the pics - they are all rather too close imho to be of much use to the forum. at the time of the original partitioning of the two, the vendor marked the shared boundary in a plan and included wording in the deed outlining that the buyer was to maintain any fence...
by retaininghell
Thu Dec 30, 2021 2:02 pm
Forum: Walls
Topic: Retaining wall slipping / Neighbour nuisance
Replies: 13
Views: 521

Re: Retaining wall slipping / Neighbour nuisance

[1]Does neighbours argument that we are responsible for retaining wall hold up? [2]Is the covenant positive or impossible for neighbour to enforce? [3]Is neighbour responsible/owner of wall? [4]Is statutory nuisance claim a sensible pathway to take? [1] yes - his land comes with a right to be suppo...
by retaininghell
Thu Dec 30, 2021 1:55 pm
Forum: Walls
Topic: Retaining wall slipping / Neighbour nuisance
Replies: 13
Views: 521

Re: Retaining wall slipping / Neighbour nuisance

Hello retaininghell, I suppose that firstly you need to establish the position of the boundary between you. You posted this. "We acquired house in 2017 and in 2019 I warned him about retaining wall crack directly behind an installed fence post " Could this be a remnant of the post and wir...
by retaininghell
Thu Dec 30, 2021 1:50 pm
Forum: Walls
Topic: Retaining wall slipping / Neighbour nuisance
Replies: 13
Views: 521

Re: Retaining wall slipping / Neighbour nuisance

I attach picture of fence post neighbour installed on their higher land years ago - the neighbour did their own thing and messed it up. I also attach status of wall with yellow line showing where me/neighbour verbally agreed on boundary line. Neighbour's land slipping over too. Please explain to a l...
by retaininghell
Thu Dec 30, 2021 11:47 am
Forum: Walls
Topic: Retaining wall slipping / Neighbour nuisance
Replies: 13
Views: 521

Retaining wall slipping / Neighbour nuisance

Can someone please help. I live on lower land and neighbour on higher land. There is a retaining wall between us. Around 2014 (before we acquired house) neighbour installed patio, removed trees/shrubs and installed fence (all in his side of property) - The workmanship is crap. There is an archived Z...