chez B.
Brisbane, QLD
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My neighbour is selling his house with my land featured in a photo, the bordering fence is actually on my land & the retaining wall also my property is the other side of the fence This was done for practicality & to allow him sufficient drainage as he was allowed to build his home on land that was classified a water causeway. As mentioned, he is selling his home & has made his property look bigger by using our retaining wall to work inline with a garden. Where do I stand legally with this?
Responses
Hello Chez,
Retaining wall issues and disputes fall under "Dividing Fences Act" which is administered by the local council of where the property is located.A good start to explore your rights will be with your local council.The following links can assist you as well.
https://www.legislation.qld.gov.au/view/pdf/2013-04-05/act-2011-025
http://legalanswers.sl.nsw.gov.au/neighbours-and-law/retaining-walls
https://www.qld.gov.au/law/housing-and-neighbours/disputes-about-fences-trees-and-buildings/avoiding-fence-tree-and-building-disputes/your-responsibility-as-a-fence-owner
Best of luck.