Queensland
Retaining Wall
Lawyers
Frequently Asked Questions
Welcome to our FAQ page, your go-to resource for navigating Queensland retaining wall disputes and responsibilities. We've compiled a comprehensive list of frequently asked questions to address your concerns. From determining responsibility in cases of boundary or retaining wall collapse to understanding shared obligations between neighbours, our expert insights cover a wide array of scenarios. Gain clarity on financial aspects, maintenance responsibilities, and legal intricacies related to retaining walls. Whether you are seeking answers about uphill neighbour responsibilities, costs involved, or the aftermath of a fallen retaining wall, our FAQ section aims to provide clear, concise information to empower you in managing Queensland retaining wall matters effectively.
Disputes often arise between neighbours due to common issues such as retaining walls, dividing fences, and trees. While regulations governing dividing fences and trees are outlined in the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), the guidelines for retaining walls are less explicit as they stem primarily from common law rather than statutory provisions.
Is a Retaining Wall Equivalent to a Dividing Fence?
No. Retaining walls and dividing fences are distinct. A dividing fence encompasses structures like ditches, hedges, or physical barriers that enclose land along shared boundaries. On the other hand, a retaining wall is designed to support excavated or filled earth. Aside from these factual differences, the law treats them very differently.
Who is Responsible for Retaining Wall Maintenance and Repair?
Given the competing factors at play, every case really must be determined on its own facts. It is impossible (and highly irresponsible) for anyone to give a definitive answer to this question without having those facts to hand.
A prudent approach involves situating retaining walls entirely within the confines of one property, set well back from the boundary, rather than straddling two or more boundaries. In these instances, the owner of the property on which the retaining wall stands usually (but not always) bears the responsibility for its upkeep and repairs. The neighbour who benefits from the retaining wall’s presence, which is rarely only one party, is also typically responsible to a greater degree than their neighbour/s. This generalism holds true so long as the neighbouring property owner has not contributed to the deterioration of the wall. Common law dictates that landowners have an obligation to reasonably minimise or avert potential harm to their neighbour’s property. This duty extends to the landowner who is aware of, or ought to be aware of, hazards on their property that pose risks to neighbouring land.
Aside from these factual differences, the law treats them very differently.
What If the Retaining Wall Lies on the Boundary of Two Properties?
Unfortunately, many retaining walls are not built within the confines of a single land owner’s lot. Should the retaining wall straddle the boundary, both properties are likely to benefit from it, albeit often to varying degrees. Consequently, the responsibility for maintenance and repair might be shared between the adjacent neighbours, relative to the extent to which they benefit. The specifics of how this responsibility is apportioned depend on the unique circumstances of each case, and often, arriving at a mutual agreement through negotiation is the preferred course of action (particularly where litigation is the alternative).
How Can I Determine if the Retaining Wall is Positioned on the Boundary?
Engaging a surveyor is a reliable method to ascertain the precise location of the retaining wall and its distance to the boundary. This assessment will definitively establish whether the retaining wall falls within your property boundaries or extends onto your neighbour’s land. People commonly find it difficult to agree on apportionment of responsibility without a surveyor’s report.
Can I Enter My Neighbour’s Property to Maintain or Repair the Retaining Wall?
To avoid infringing upon your neighbour’s rights and unlawfully trespassing, it is highly advisable to seek a neighbour’s consent before entering their property to undertake retaining wall repairs. In some instances, specific circumstances may arise where seeking consent might not be mandatory, but these are generally considered matters of ‘last resort’.
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Who is responsible for a retaining wall in Australia?The law in each state is different.
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Who is responsible for retaining wall on boundary Qld?This question is impossible to answer without at least a basic understanding of the facts of the case.
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What are the requirements for a retaining wall in Qld?This depends upon what is meant by requirements. If by requirements the asker is referring to planning and development, then it depends heavily upon the area in which the retaining wall is to be located as each local Government has their own requirements.
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If a retaining wall is entirely on my land, am I responsible for it?This is not, and has never been, the state of the law in Queensland.
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If a retaining wall solely benefits my property, am I responsible for it?This is not, and has never been, the state of the law in Queensland.
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If I previously paid for a retaining wall, am I automatically responsible for it?This is not, and has never been, the state of the law in Queensland.
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If I damaged a retaining wall, am I automatically responsible for repairing it?This is not, and has never been, the state of the law in Queensland.
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If a retaining wall is on the boundary, are the neighbours equally responsible for it?This is not, and has never been, the state of the law in Queensland.
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If my neighbour has built a retaining wall on my land, are they automatically responsible for it?This is not, and has never been, the state of the law in Queensland.
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Is uphill neighbour responsible for retaining wall Queensland?This is not, nor has it ever been, the state of the law in Queensland.
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Why shouldn’t I rely upon a Google search for my adviceA quick google search indicates there are several firms and community legal services continuing to offer ‘one size fits all’ advice on retaining wall disputes. Not surprisingly, the internet’s advice is frequently wrong. Even trying to find an answer to the basic question ‘Am I responsible for a retaining wall?’ is met with a spectrum of responses, mostly (and alarmingly) from law firms, ranging from ‘certainly yes’ to ‘certainly no’. What we find most curious is that people are willing to publish such definitive answers despite having no knowledge of (firstly) a retaining wall’s position, purpose or history and (secondly) the attitudes, budgets and risk appetites of the parties involved. What we generally find is that the authors of this online content have between zero and extremely limited knowledge or experience when it comes to the law and precedents relating to retaining walls in Queensland. One should treat such insights as suspicious and in no event rely upon it when making decisions of a legal nature. We frequently deal with self-represented litigants who have been led to error as to their rights and obligations under law because they relied upon the internet for advice. This is understandable but dangerous for everyone involved. Imagine if a pilot were relying upon answers from the internet to tell them how to fly a plane. We think the better approach is to contact the experts, receive proper advice and make informed decisions.
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