Neighbours retaining wall collapsing The RW is in place to support our neighbors driveway which is on higher ground than our property. The wall is in need of replacement due to leaning and loosening block. We have had ours rebuilt to be independent of theres so any future collapse would not affect ours. The addition of wind load acting on a fence on top of a retaining wall can also contribute to the overturning that needs to be considered. If that is accurate, then they should be responsible to repair or rebuild the wall and they could be liable for your loss of use of property, and if any fallen debri causes any Dec 10, 2023 · Alternatively, another retaining wall can be built in front of the existing one. Last month Sydney experienced the effects of an East Coast Low with extended periods of heavy rainfall resulting in flash floods, fallen trees, collapsed power lines and damage to foundations and retaining walls. Even if the collapse happened during a storm with water build up behind, the storm would likely be seen as the final straw for a gradually deteriorating wall, rather than the event that caused the collapse. I own a residential lot that abuts a city sidewalk and the 5' retaining wall straddles the property line. The wall was owned by the neighbour who’s garden it was retaining, they tried to fight it and refused to pay, my uncle had to use the legal assistance part of his home Feb 13, 2018 · I have a Phi Group Permacrib timber retaining crib wall in my garden which started to collapse after about 13/14 years, despite a 60 year design service life. . Done right they solve many garden issues, but get the construction wrong and you could be facing a major problem. If you can post a photo would help. Whatever style of wall you chose would still be heaps cheaper than going to court, and then having to pay for a wall anyway probably! A retaining wall situated on the boundary between two properties began to deteriorate. Dec 3, 2020 · Most property damage claims against an old collapsed retaining wall would be rejected by an insurer for being gradual deterioration. Feb 2, 2025 · When a retaining wall collapse affects neighboring properties, disputes often arise. But the legal issues can be as muddy as the mess in your backyard. A retaining wall must follow construction standards, which means that builders who fail to do so may be liable for damages. The issue can put lives at risk and expose adjoining properties to significant structural damage, as was the case in November last year, when the retaining wall at a multi-storey development site in south-east Queensland collapsed causing serious Question: “Our uphill neighbor has a 2-foot wooden retaining wall on their side of our joint property line. Feb 4, 2015 · If the neighbour has lowered their garden by 3 feet or so it is their responsibilty to support the higher ground with a wall on their side of the boundary. Mar 6, 2019 · retaining wall collapse suggests structural support failure or poor design rather than the ground causing the issue? So its not possible for the soil behind a retaining wall to shrink and then cause subsidence of the wall? Apr 21, 2020 · Building codes and industry standards specify that a retaining wall of a few feet can be built without an engineered design, but for any retaining wall over a certain number of feet, an engineer must design the wall to ensure it is able to withstand the force on the wall created by the soil behind it. Shared Ownership. Over the years we have seen many problems with retaining walls caused by poor drainage Jul 24, 2010 · Any time soil is moved it is your responsibility. Jul 22, 2017 · Flooding, surface runoff, and even leaking sprinklers can spark disputes between neighbors. The damage was done well before we started building but they are claiming that our building has done the damage. Mar 10, 2015 · 1. Weeds 3-4 feet tall, all year. 5ft higher than mine and there is a wall at the boundary. I fear his wall collapsing (and causing injury to his children) if my construction creates a small amount of dirt which might roll down the slope into the wall. more than 30mm (half brick wall), 70mm (single brick wall) or 100mm (brick and a half wall) it is recommended that expert advice is Jul 8, 2006 · “I have a question about who is responsible for property damage due to a neighbor’s retaining wall that fell down on their property, and caused my fence to partially collapse, as well as creating a 3 foot wide by 2 foot deep ditch that runs along my side of my fence. Most of the time, excavating the ground is required to build a retaining wall. According to the Diving Fences Act, a retaining wall may not be the same as a dividing fence, even if it stands on the point that separates two properties. Retaining wall is 30+ years old and is beginning to collapse. Normally a retaining wall on the boundary is the joint responsibility of both neighbours. An uphill neighbour piled snow to an unreasonable height on the edge of their property, which on melting, flowed onto the downhill neighbour’s property, damaging their retaining wall and property. For more than 15 years, homeowners throughout the region have trusted us to address, reinforce, and stabilize collapsing retaining walls using proven foundation repair techniques. If the hillside is a natural contour and it only was disturbed by your neighbor's excavation and retaining wall, then you have an absolute right to have your land properly supported, and your neighbor is liable for any collapse. They create tiered spaces in functional and stylish levels and stop banks from eroding. You would then be the owner of your wall and you could build it 1. They are currently re building their wall and have already mortared the h block wall to ours with out our permission. My retaining wall is directly under the fence. If it does indeed share the PL, and it’s collapsing onto your side, it may only be your responsibility to maintain it but it wouldn’t be unreasonable to talk to the neighbor about splitting the costs. Property value : A collapsed boundary wall can negatively impact your property’s value, especially if it remains unrepaired for an extended period. Aug 14, 2015 · The wall can/ could just collaspe depending on the depth of it's foundations,soil conditions & overall state of the wall. May 26, 2018 · Colour or grained concrete is more. There is an obvious lean which has been caused by the ground lifting due to the size of the tree at base level and if continued to grow the wall will finally succumb and fall. This is known as the duty of lateral support. If you are building a retaining wall that will also serve as a dividing fence along boundary lines, the retaining wall will be your responsibility to build and maintain. 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. In cases where the retaining wall is on the boundary line between your properties, it may be considered a shared responsibility. 2. Sep 4, 2024 · On the other hand, buildings do not enjoy a right of support so an excavator will generally be liable only for damage to the building (or to the land if the building’s weight led to subsidence) when there is negligence. In this article, we explore the common causes of retaining wall disputes, discuss I'll guess that the insurance company will try to dodge this by invoking some groundwater clause, that you could have avoided this by controlling the groundwater near the wall. Shared retaining walls are typically jointly owned and maintained by both property Jun 6, 2021 · The other projects all involved working with "ready to dig and start building" sites, where the neighbor with the failing retaining walls has significant demolition and site work necessary to get ready to build the new walls. I am on the lower side of the wall however I believe that the ground on my neighbours side has been built up to create a level area (is there any way to confirm this?). 5m within the boundary on his 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 […] Feb 14, 2022 · Hey all where do I stand in regards to a neighbours house wall that is collapsing. Underpinning is costly,very costly, are you on good terms with your neigbour, if it was me I would take down the section of the offending wall then dig out, pour new footings for a 3' retaining wall(100mm block laid flat) where your exsisting neighbour's wall was & then Dec 7, 2022 · Last updated December 2022Retaining walls are core structural features for a sloping garden or landscape. It mandates that owners notify neighbours of any work that might affect the wall. So what do you think the quotes to replace / rebuild the neighbors failing retaining walls are going to be? Our neighbors are replacing the wooden fence they built on our property line with a wooden fence that has a solid cement base, like a low retaining wall. The complexity of developing a retaining wall can range from a simple DIY to a challenging undertaking requiring a professional’s assistance. e. 1m) tall in order to secure and protect your property. Every spring you can see the rocks separating from the grass, some falling away from the wall and silt washing down the driveway. Affected neighbors may seek compensation for damages by alleging negligence, nuisance, or trespass. Some retaining walls play a minor role as part of the landscape, while others support or protect your land, home or outbuildings. Retaining walls are governed by the Encroachment Act 1944 (SA), and if the wall extends beyond property borders or interferes with adjacent properties, the law provides All this suggests that the municipality is responsible for the retaining wall. Taking that into account, and an increase in rain, eventually, the retaining wall fell a couple of months ago. Heavy rainfall precipitated a partial collapse of the retaining wall, leading to a large amount of debris falling onto the plaintiff’s land. She woke with the sounds and tremors likened to an earthquake. The issue can put lives at risk and expose adjoining properties to significant structural damage, as was the case in November last year, when the retaining wall at a multi-storey development site in south-east Queensland collapsed causing serious Jan 4, 2024 · Because retaining walls are frequently considered a detached structure, damage to them can be covered under your homeowners policy under the right conditions. Boral retaining wall blocks are more again but look nicer for the tenants or nosey neighbour. Baker’s Waterproofing’s permanent, warrantied retaining wall repair solutions are the most effective way to achieve this. To stream KENS 5 on your phone, you need the Rebuilding the retaining wall if necessary; In severe cases where the retaining wall’s integrity is compromised beyond repair, rebuilding the wall may be the most appropriate solution. When the other wall was repaired he mentioned it being pinned back into another wall that sits behind the Mar 25, 2013 · My property is a double story,my neighbours on my right are below me,during the last heavy rain the bank collapsed taking with it the fence that was dividing my neighbour and i, the wire fence was erected on top of what i thought was a retaining wall,turned out to be car tyres to pack up the wall,and hold the fence, i have just recently We would like to show you a description here but the site won’t allow us. Surface Water Runoff and Flooding As a general rule, a Jan 8, 2023 · Construction and maintenance of boundary and retaining walls The purpose of this Circular Letter is to draw your attention to the safe design, construction and maintenance of freestanding boundary and retaining walls. Check that retaining walls on your property are well constructed and maintained. This is our general process when addressing collapsing retaining walls: My house sits slightly downhill from my neighbor. Aug 16, 2020 · For instance, if the neighbour on the low side of the wall excavates next to the wall, causing it to sag or collapse, they are responsible for repairing or replacing it. Explore comprehensive legal solutions designed specifically for homeowners in Queensland, ensuring you navigate these issues with confidence and protect your interests. 7M high. There is arguably no more hotly contested issue between adjoining landowners than that of retaining walls on property boundaries. 4. Neighbours driveway sits above my property and is retained by pongas along the boundary. Aug 30, 2022 · The design of a retaining wall is a function of its height, ground conditions, groundwater and drainage conditions, and surcharge loading. g. 7M high, and the combination of the retaining wall & fence sits at 2. May 12, 2017 · Neighbors house is on uphill side and a portion of the retaining wall (about 30 inches high) between the houses started falling down about 2 years ago. 8m (sometimes 2. We would like to show you a description here but the site won’t allow us. Not necessarily. However, the division of this responsibility is dependent upon the circumstances of each matter and negotiation is usually the best option. Some retaining walls are quite Mar 16, 2013 · Yes, a collapsing retaining wall is an issue when buying a home. Dec 19, 2021 · The issue is that her land is higher than your parent's land, so either the wall, and/or her land/soil might fall onto your parent's land. They are fine with me fixing it Our neighbour excavated the adjoining land and constructed a retaining wall a few years ago on their side of the boundary. In this case I wonder if the Council was aware that backfilled to the height of the retaining wall. Phi Group have admitted it is due to a material failure, the wood treatment wasn't suitable during production, but as a solution they are only offering to replace the wood. It must be a common feature of retaining walls that whatever is constructed above the wall is likely to collapse if the I've been on my neighbour for over 2 years about his retaining wall. I’ve spoken to my neighbour about repairing it but they don’t want to know. If the retaining wall is located on the boundary fence, it will likely benefit both properties and the responsibility to maintain and repair the retaining wall may be shared between the neighbours. Local council requirements may require retaining walls to be erected when excavations are undertaken. In such a scenario I believe the owner of the higher land is responsible for retaining it (ie maintaining the retaining wall toprevent collapse on the lower neighbour's land). Often they fall into a state of neglect and structural defects occur putting the retaining structure into jeopardy of collapse. Apart from the physical condition of retaining walls, what makes them so crucial to property owners is that they are often on or close to a property boundary and can become a costly legal battleground between neighbours. For example, if one neighbour fills 300 mm above the natural ground and the adjoining neighbour excavates 700 mm below the natural ground, then the neighbour that fills is responsible for 30% of the cost and the neighbour excavating is liable for 70% of the cost of the 1 metre retaining wall. Sub-standard materials or lack of reinforcement can hamper a retaining wall Everyone has heard the saying, “You get what you pay for,” and that is certainly true when it comes to retaining walls. Now the neighbors want to know if we have plans to repair the wall. Most of the boundary is supported by a brick wall that they erected but towards the back there is only a wooden facade with is rotting at the bottom and letting detritus pour in. The retaining wall was built before both of the neighbours moved into their respective homes. Apr 18, 2024 · Neighbors in northwest San Antonio concerned about partially collapsed retaining wall The Bexar County Fire Marshall is monitoring the area for safety. Before the cut by the root the retaining wall was kept but after cut no more power to keep the soil. If your wall leans to around about 50% of its width, then it may need attention. There … My neighbours land is 3-4 feet higher than mine and it is starting to collapse into my back garden. roots pushed the retaining wall from alignment). To further complicate matters, a boundary wall may also be referred to as a party fence wall. My lot is all flat. when/if you contact council it's probably better to say they have garden bed's brick wall toppling onto the fence, rather than a retaining wall. We have a retaining wall (RW) on our boundary which has collapsed and is encroaching onto our property. Good neighbor fence is constructed on our joint property line and then bolted at spots into wooden retaining wall. Aug 11, 2012 · Retaining wall is about one foot from property line. I think that the wall is holding up (retaining) their property and so their responsibility. May 14, 2018 · As retaining wall heights increase, so too does the potential impact of a wall collapsing. Mar 29, 2023 · My neighbor advises me it is not an engineered retaining wall, but he plays dumb with the City. The footings and concrete really add to the cost though. We were also responsible for the drainage to be enclosed - so as not to affect our neighbour's adjoining property. Jun 25, 2018 · Without a deep enough footer, a retaining wall can collapse. Added to this, if the wall has not been built to engineers’ specifications and the use of inferior quality materials or poor workmanship is evident, it is not uncommon for the Oct 13, 2014 · Need some help and advice on a retaining wall issue. What is beyond the wall could be another property and garden, a housing development, a highway, an area of land or forest, or something else. The wall, if it collapses, may damage the home and cause drainage issues leading to water infiltration and damage. See Practice Note: Property boundaries. Sep 18, 2018 · The retaining wall might be old and look ineffective but it may also have been put there for a reason. They are likely concerned because a) a slumping /collapsed wall may mean a collapsing house, or b) invoke their liability if the collapse affects neighbours. I walked over to our neighbour’s property and saw the wall is starting to crumble onto their side. It is trite that the owner of an adjoining piece of land is my neighbour and that one has duty to support her land at the border. It is commonly used to create a level surface on sloped terrain and provide structural support to prevent soil movement. Many ties are rotten and provide no support to the structure. We called code enforcement. What you have at the moment is your Dec 18, 2023 · A retaining wall is a structure designed to hold back soil or other materials, preventing them from eroding or collapsing. talking face-to-face is always best. The wall, constructed in accordance with 1927 standards, intersected with the boundary. Either way, it’s vital to get the structure correct if you want to avoid a possible wall collapse. If your policy covers the retaining wall failure, your insurance company adjuster will want to investigate the cause of retaining wall failure. Jan 9, 2019 · If your neighbour’s garden plants or trees have caused the damage to the wall in the first place, they are most likely to be liable for the repairs, but of course you are responsible for maintaining the wall in good condition if it is owned by you, and you are jointly responsible if it is a party fence wall, so it might be that costs end up Homeowners: Whether you're dealing with retaining wall disputes, neighbour arguments over retaining walls, or seeking clarity on the legal responsibilities and ownership aspects, our dedicated team is here to guide you. The problem with these hazards, if they are not dealt with in the right manner, can cause disputes between neighbours and can be typically drawn out and costly. Maintain your retaining walls. May 22, 2022 · Question My neighbour’s back garden is approx. The issue can put lives at risk and expose adjoining properties to significant structural damage, as was the case in November last year, when the retaining wall at a multi-storey development site in south-east Queensland collapsed causing serious a landowner who owns a retaining wall that supports his neighbour's higher land is subject to an implied (unless it is expressly stated in a deed) easement and owes a duty of support to his neighbour's land; a landowner who owns a retaining wall that supports his own land is under a general duty of care to maintain the wall in such a condition We would like to show you a description here but the site won’t allow us. If it actually impacts the ops property like fill spillage, that is different, but if it's just a visual thing, not much can be done unless there is a violation of the municipal building code. What this means is you can’t dig away part of your property and cause theirs to collapse – you have to do something to make sure their property is not affected, like build a retaining wall. Jul 12, 2018 · 6) Look for a collapsed soil level or holes in the ground on high side of retaining wall - Stacked large rocks (called rip-rap) are sometimes used to make a retaining wall. Both the owner of the property with the retaining wall and the neighbor whose property was damaged may have a cause of action against the builder who constructed the wall. Oct 30, 2023 · A retaining wall will also form the boundary between two plots of land and thus a retaining wall will also be a boundary wall but a boundary wall will not necessarily be a retaining wall. The law says that you owe your neighbour’s natural land a “right of support”. Jan 16, 2014 · Problems can arise when a retaining wall is located on a boundary. As our houses point to a transited street, and we do not have an HOA, Gwinnett code enforcement got involved. There are two circumstances to consider: - a landowner who owns a retaining wall that supports his neighbour's higher land is subject to an implied (unless it is expressly stated in a deed) easement and owes a duty of support to his neighbour's land; May 14, 2018 · As retaining wall heights increase, so too does the potential impact of a wall collapsing. I didn't emphasize that because your description of the situation didn't seem to include those kinds of facts. This allows for a fresh start with proper design, construction techniques, and reinforcement to ensure the stability and longevity of the new wall. Oct 24, 2023 · IntroductionRetaining walls are essential structures that provide support and stability to properties built on sloping terrains. While they create a handsome and natural-looking barrier, pockets can open up between rocks that allow soil to flow out during a heavy rain. Upon inspection I noticed that my neighbour has planted a tree right along the retaining wall (on a shared boundary) which is causing the damage. There is nothing stopping you, if you wish, from building your own wall on your own property, right next to your neighbour's wall, in order to protect your property. Failures can also result from design flaws, including inaccurate load estimates, the wrong wall height, or inadequate Nov 21, 2023 · A boundary retaining wall is more than just a pile of bricks or stones; it’s a structure that holds back soil and prevents it from collapsing into another property. I believe that they should be responsible for repairing the wall (and I will pay for half the fence) since they have altered the lay of the land to build the driveway. The issue can put lives at risk and expose adjoining properties to significant structural damage, as was the case in November last year, when the retaining wall at a multi-storey development site in south-east Queensland collapsed causing serious May 13, 2013 · If your wall leans to an extent that could present a danger e. She told me that she doesn May 16, 2019 · "The tree which has grown against the wall has grown to a size of which has undermined the integrity of the wall rendering the wall dangerous. Its a concrete retaining wall that my neighbour build and parts of that has also collapsed, together with most of my log retaining wall. One of the neighbours wanted to repair the retaining wall but the other did not wish to contribute to the costs of the repair. Over time the wall has started to rotate on the footing and I am concerned that it may come crashing down into our garden. When our neighbors retaining wall started to collapse into our yard, we asked them nicely for 2 years to fix it. The person who ordered the work may be held accountable for any negative effects if the work, or the wall itself, intrudes into or damages neighbouring property. Check your deeds, if the retaining wall forms the boundary then it will tell you who is responsible for the wall. 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 Mar 22, 2018 · A portion of the wall was damaged earlier in 2017, and on April 12, homeowner Patrick Kane applied for a building permit, which described the process as "taking down 8 (feet) of retaining wall a landowner who owns a retaining wall that supports his neighbour's higher land is subject to an implied (unless it is expressly stated in a deed) easement and owes a duty of support to his neighbour's land; a landowner who owns a retaining wall that supports his own land is under a general duty of care to maintain the wall in such a condition We would like to show you a description here but the site won’t allow us. The current fence was built with post holes. The responsible party must pay for all associated expenditures, repair or remove their retaining wall May 19, 2012 · After speaking with another neighbour who had the same issue with an identical looking wall nearby, it sounds as though it might not be the moment of the soil behind pushing the wall over. In this case, a recommended approach is to opt for a slim and sturdy king post retaining wall, provided that the ground conditions allow it. It is common for retaining walls to be constructed between adjoining properties on different levels. Then put a for sale sign up in front of their house. May 1, 2012 · From the language used in your description, I am presuming that this retaining wall was constructed by your neighbors to stop the movement of soil from their property. They may also support a neighbouring property. I am trying to sort my own fence and retaining wall issues right now because the neighbours trees (planted next to fence) are pushing the wall out. Aug 17, 2023 · The Party Wall Act offers guidance on shared walls or walls on the boundary line. Jul 13, 2024 · If the wall is entirely on your neighbor's property, they are likely responsible for its maintenance and upkeep. Aug 20, 2023 · The retaining wall supported a steep embankment along the common boundary. Subsequently, the underlying ground shifted, causing Mr D’s property to subside further downwards towards the excavation on Ms P’s property—resulting in extensive structural damage to Ms Mar 2, 2023 · The water would then seep below the wall, over the retaining wall and spill into and onto the plaintiff’s property. I have plans to extend my home 5ft from the property line. Homeowners: Whether you're dealing with retaining wall disputes, neighbour arguments over retaining walls, or seeking clarity on the legal responsibilities and ownership aspects, our dedicated team is here to guide you. How to Fix a Collapsing Retaining Wall At Baker’s Waterproofing, we recognize that each home is unique and demands personalized repair solutions. I can't count the number of houses that have needed foundation repairs because of old retaining walls collapsing or lack of one altogether. over a year ago he removed the fence and never replaced it. What is a retaining wall? A retaining wall is a structure to support or hold back earth. They may claim the property owner failed to maintain the wall, breaching a duty of care and causing foreseeable harm. There has been no communication at all. Answer The first step is to review the property’s deeds in case Read the Rest Aug 15, 2024 · Examining the Retaining Wall’s Construction. If the neighbour raises their garden they are responsible for preventing the raised ground slipping over the boundary with a wall on their side. So I was planning to just demolish the remains of the neighbour's retaining wall, as well as our own and just put one up. There may be a retaining wall located above your home that has been there for a while. He has had the plans drawn, consent given, and the boundary surveyed 18 months ago to re-retain however hasn't proceeded with work. Jun 9, 2014 · A boundary wall is not designed to withstand pressure caused by the build-up of soil from either side, which could result in the wall leaning and ultimately collapsing. We are wanting to fence along this boundary but can not proceed until the RW is repaired. When water causes property damage -- flooded basements, collapsing retaining walls, or soggy gardens, for example -- feuds between neighbors often result. Gain clarity on financial aspects, maintenance responsibilities, and legal intricacies related to retaining walls. Retaining walls lacking proper design: When a retaining wall lacks adequate design, it may not possess sufficient mass to Apr 17, 2015 · So your situation depends heavily on who dug into the hill and installed the retaining wall in the first place--your neighbor's predecessor, or yours. Jan 11, 2019 · Retaining walls: they hold back ground, should incorporate weep holes to relieve water pressure behind them. Sep 3, 2023 · “The fact that a retaining wall provides support for a dividing fence, in the sense that the fence will fall over if the wall is removed, is not sufficient to establish that the wall is a foundation or support for the fence. Fence and retaining wall need replacing. Apr 14, 2014 · The wall is falling. Hi, my neighbor’s driveway retaining wall is going to collapse, I talked with her several time since I moved in since Feb 2021, but she just did nothing, because I’m going to remove my carpool shed, which I think might be speeding up the collapsing I spoke to her again, and send a written notice to her door today. Retaining walls constructed improperly, with defective materials, or without the appropriate reinforcements are prone to failure. I was wondering who was responsible for a retaining wall shared by 8 neighbours on the lower side of the wall and 7 on the higher side of the wall? The retaining wall seems to be on the property line. May 25, 2018 · As retaining wall heights increase, so too does the potential impact of a wall collapsing. Poor construction or design is a significant factor contributing to retaining wall collapse. there is a retaining wall between us, the property line runs through the center of the wall, so it’s on both of properties. The Department is aware of a recent case where a young child was tragically killed by the collapse of a poorly constructed wall. The court found the uphill neighbour was responsible for the damage under the principle of nuisance (as well as negligence ). A collapsed boundary retaining wall can have a major impact on the value of a home and can cost tens of thousands of dollars Feb 14, 2022 · A retaining wall is a constructed system typically built on properties with a sloped structure. When damage is the result of a “covered loss” — or an insured event — like lightning, wind, fire or a vehicle striking the wall, coverage may be possible. Water Apr 15, 2019 · As a landowner, you may confront a variety of hazards on your land or neighbouring land. Based on the PDF download that I have linked below and the screenshot I attached, the combination of a retaining wall/fence should not exceed 2M without a Amenity and Aesthetics approval. Mar 29, 2013 · Retaining Walls and Your Legal Risk Retaining walls are built to retain soil to unnatural slopes separating two elevations. Oct 4, 2018 · As retaining wall heights increase, so too does the potential impact of a wall collapsing. Liability for collapsing walls. It’s crucial for managing water flow, preventing soil erosion, and even adding aesthetic value to your property. However, the root system damaged the retaining wall over time (i. and sets them aside with different rules etc. Preexisting retaining walls and those which were part of the original construction it always have the best chance of insurance coverage following a collapse; and you may skip to the last paragraph. Customer: In Ontario. Jan 18, 2024 · Poor construction or low-quality materials can lead to issues such as the wall leaning into the neighbor’s property or even collapsing, which is both a nuisance and illegal. 3 The fence between 36B and 34A has been constructed approximately 100mm out from the retaining wall. So, if for some reason the neighbour digs next to the wall and causes it to fall over or collapse, the responsibility is on them to restore it and bring it back to normal. Sep 10, 2021 · Retaining walls are built for different reasons. The wall is leaning towards my property and needs to be repaired so it doesn’t collapse. Who is responsible for the repair/replacement? Is it the sole responsibility of my neighbor or shared? Sep 18, 2018 · The retaining wall might be old and look ineffective but it may also have been put there for a reason. With this guide, gain a comprehensive overview of retaining wall failure causes, warning signs, and effective repair solutions to stop deterioration in its tracks. My uncle had a retaining wall collapse and destroy his shed. They also added gravel (30cm height) above the retaining wall, so the fence itself is being used by them as a retaining wall. Where the wall is on one property only, then it can be a problem of that property owner, who also has responsibilities to ensure that the wall does not collapse and cause damage to the downhill property. Lawyer's Assistant: Where is this occurring? I only ask because laws can vary by province. Dear Sir / Madam: The trees on the wall are in my land and I think the collapse was caused by the tree cut. These disputes, whether about noise, nuisance or a retaining wall collapsing, are more frequent than one would hope. If a wall collapses due to work that contravenes this act, the party undertaking the work might be held responsible. Retaining walls on property lines are one of those touchy subjects where it takes both party’s agreement. About two months ago I noticed that our land was starting to subside onto our neighbours land. These days, if there’s a problem that two adjacent landowners often run into, then it’s likely related to the retaining walls on property boundaries. Retaining Walls. ie we increased our land by over 1000 tonnes and therefore we were responsible for the retaining wall to be built to retain this extra fill. Read our Diagnose page and Violations page for more information. Posted by u/CitronFruity - 2 votes and 2 comments Sep 23, 2020 · In May 2008, the wall on Mr D’s property and the ground beneath it collapsed during the construction of the top retaining wall on the property of Ms P. The neighbour is aware the driveway is slipping as the retaining is failing. [33] On 21 February 2017 the seasonal rains proved too much for the boundary wall and it collapsed onto the plaintiff’s house and into her property. They were given 30 days to fix it and couldn't complete the sale of their home until it was fixed. The council wrote twice to the neighbours asking them to agree to works being done & costs split 3 ways but the letters were ignored and the Council gave up. Jul 30, 2019 · My neighbours retaining garden wall collapsed last year taking part of ours with it. The purpose of the solid cement base is to keep water from our yard, which at least for certain portions is at a higher elevation than theirs Jul 27, 2024 · We're in a deadlock with a neighbour who believes a collapsed retaining dry stone boundary wall is a party wall and we should equally share repair costs, despite us (not any previous owner) having had use, benefit or impact on the wall. An owner of higher land is likely to be liable to an adjoining owner of lower land if soil he or she has placed on the land escapes to the lower land, for example by the collapse of a retaining wall. The same applies to any wall that forms part of a house, garage, or other building. As my colleagues indicate, you should obtain a survey to determine if the wall is located on the Seller's property or on the neighbor's property. i think my council makes a point of trying to avoid getting too involved in retaining wall disputes. First thing is get a land survey so that you have it on paper that the wall shares the property line. Part of the wall is leaning towards my garden and there are several large cracks. Whether you are seeking answers about May 19, 2012 · I am looking for some suggestions on what could be done about the problem shown in the attached images. Oct 22, 2024 · Neighbour relations: Leaving a collapsed boundary wall unaddressed can also strain your relationship with your neighbours, potentially leading to conflicts and long-term tensions. Some homeowners also want retaining walls to keep their property protected and to maintain their privacy. 4 The difference in height between the ground level in 34A and the top of the retaining wall is up to 500mm and was left as an open cut face – refer figure 2 below “as-built”. May 16, 2018 · Disputes surrounding boundary walls in residential and commercial areas are one of the most controversial topics facing homeowners. The fence that is not sitting on the retaining wall is 1. Aug 25, 2015 · I believe previous answers are based on the common law, whereas NSW modified the Dividing Fences Act 1991 in 2008 and redefined fences to include supporting retaining walls, so if the retaining wall supports the boundary fence, then the cost of the retaining wall is shared jointly, as it would be for fencing work. The wall is 0. Nov 15, 2021 · Most of the time, people think they can do what they want on their property. Sometimes that is not always the situation when it comes to the property lines. The property line is the imaginary line that separates two neighboring properties. So, for example, if a single brick wall – approx 230mm – is out of square by 100mm between top and bottom it may need attention. May 23, 2023 · I had a similar issue with a neighbor's retaining wall (or lack of one to be precise) and mentioned that he had a "legal duty of care" regarding his collapsing ground and this prompted him to erect a retaining wall on his side of the boundary. Feb 11, 2021 · What is a retaining wall? A retaining wall is a structure that holds back retained earth and withstands a load beyond the wall, which could be imposed by buildings or other objects. Jan 2, 2017 · ok. Railway ties have fallen off into my yard. My neighbor thinks I should pay for the repairs. From determining responsibility in cases of boundary o r retaining wall collapse to understanding shared obligations between neighbours, our expert insights cover a wide array of scenarios. Jan 12, 2021 · The retaining wall is collapsing and the fence is rotten. This is because retaining walls will normally be solely for the benefit of one of the properties. It is causing my driveway to crack. Aug 15, 2024 · Examining the Retaining Wall’s Construction. Who is responsible for the repair/replacement? Is it the sole responsibility of my neighbor or shared? Nov 12, 2018 · There is no particular liability, either, when a support, such as a retaining wall, has been removed by natural causes, like a flood. The neighbour obviously should not use the fence as a retaining wall but if they own it, they can do whatever they want with it. There are various techniques used to build a retaining wall and the three common techniques used Landowners have an obligation to retain soil where it becomes necessary to do so. I have a land survey done and the retaining wall belongs to my neighbor; however, they said the wall doesn't belong to them according to their records (not sure if it's a survey) and refuse to fix it (as it doesn't impact them). These hazards could include; collapsing retaining walls, landslides and rock falls. So if the retaining walls are part of private property, the property owner is responsible for its maintenance. They may be built for landscaping purposes or perhaps for safety reasons. While they serve a crucial purpose, they can occasionally become the center of disputes between neighbours due to boundary issues, structural concerns, or aesthetic disagreements. The gardens that neighbour my rear garden are around 1m higher with a retaining wall holding everything back. A wall dividing my garden from my neighbours’ garden has collapsed and soil and debris is now in my garden. The blew us off. 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 Mar 22, 2018 · A portion of the wall was damaged earlier in 2017, and on April 12, homeowner Patrick Kane applied for a building permit, which described the process as "taking down 8 (feet) of retaining wall Apr 2, 2013 · They checked out the titles and apparently the wall is owned equally between ourselves, the council and the neighbours. Sounds a bit extreme but the side of there garage and kitchen is moving away, the only thing stopping it collapsing is a mature Laurel tree and by the look of it a wooden 75x75 post I put in a few years ago for my Jul 11, 2023 · When leaking or flooding water in and around houses causes widespread property damage—sodden basements, collapsing retaining walls, or soggy gardens, for example—serious disputes between neighbors can result. rngdaauqnbwmuaoygcjftzzblenvagkonjjtzrdmgomu