Disputes between neighbours over retaining walls can arise from various factors, and there are several common misconceptions associated with such conflicts. It's important to note that legal regulations and obligations can vary by location, so specific advice may depend on local laws. However, here are some general misconceptions:
Assumption of Ownership: People often assume that they are automatically responsible for a retaining wall if it’s on their side of the property. However, the legal ownership of a retaining wall is not so straightforward, and can be shared between neighbours. The property boundaries and shared responsibilities for maintenance can be defined in local laws or property titles, but is more commonly dealt with under common law.
Responsibility for Maintenance: There is a misconception about who is responsible for maintaining the retaining wall. In some cases, both neighbours may share the responsibility for upkeep and repair. Understanding local laws and any agreements in place can help clarify maintenance responsibilities.
Alterations without Consent: Some neighbours may assume they have the right to make alterations or modifications to a retaining wall without consulting their neighbour. However, major changes to a shared structure may require mutual agreement, and alterations without consent can lead to disputes.
Ignoring Drainage Issues: A retaining wall often affects the watercourse on both properties. Ignoring drainage issues can lead to problems such as erosion or flooding. It's important for neighbours to address drainage concerns jointly to prevent damage to the retaining wall and surrounding properties. Disputes over damage to land caused by a diverted watercourse are common.
Failure to Communicate: Many disputes arise due to a lack of communication between neighbours. Some individuals may hesitate to discuss concerns or issues, assuming that the other party is solely responsible. Open communication can help prevent misunderstandings and resolve problems before they escalate.
Property Value Impact: There may be a misconception about how a retaining wall can impact property values. While a well-maintained and properly constructed retaining wall can enhance property aesthetics, a poorly maintained or damaged wall could potentially affect property values negatively. It is often mentioned in building and pest inspection reports which buyers commonly procure as a condition of completing a property purchase contract, both commercial and residential.
Legal Recourse Misunderstanding: People may have misconceptions about the legal recourses available to them in case of a dispute. It's essential to understand local laws, property law, building law, covenants affecting the land, easements, boundaries and the common law in order to make a determination about what legal avenues a person should pursue when considering the replacement or maintenance of the retaining wall.
The common law notions of waiver and admission can apply in cases where people try to negotiate directly with their neighbour. While open and direct communication is a tool you may employ early, before you do so you should give real thought to the impact those conversations might have on your rights and entitlements if communications break down. Statements you make, howsoever innocent or minor they may seem, can significantly alter your rights.
It would be wise to speak with us prior to speaking with your neighbour, so that we can provide the necessary advice to ensure you walk in to any conversation regarding a retaining wall armed with the knowledge you will need in order to ensure your rights do not evaporate.
It is also wise to know what those rights are before you start conversing with your neighbour.
Consulting with a legal professional who is familiar with local property laws can provide valuable guidance in resolving disputes related to retaining walls. Should you encounter retaining wall conflicts, our team at Queensland Retaining Wall Lawyers is here to provide expert guidance and legal support. Don't let misunderstandings escalate – contact us today for a resolution that safeguards your rights.
Phone: 1300 414 316
