Retaining wall and boundary. Can our neighbours make us remove a hedge?

[John the builder]

We think the wall was built by the lower neighbours to support our land. Their land is much lower than ours.

We've had a response to our email which asked for a plan to support our land if we allow them to remove the tree. Their plan is to leave the root in place as support. I'm not happy with this as the root will obviously rot over a number of years. They have no engineering report or anything in writing to suggest this is a viable option.

If the driveway collapses, it will likely be under the weigh of our cars as we reverse to turn around so it is a significant Health and Safety issue.

I'm at a loss as to what to do now. Their report indicates that our driveway has moved due to the lack of support from the retaining wall. Instead of arguing over the hedge, it may be simpler to ask them to sort out the whole wall.

It is clear that the excavation was made to benefit the lower neighbor. There is no reason for your property to create the need for support unless it was to create a filled area for a driveway for example. You should be able to see this from natural contours.

The right of support is with the lower neighbor I assume in this case?

That right includes supporting your driveway and tree. Any half decent retaining wall will be anticipating the surcharges from a driveway. Council usually require walls on boundaries to assume a driveway even if there isn't one there now?
from that link above.

I suggest that your best course of action is to ask your solicitor to write a letter to your neighbour setting out that your neighbour’s excavation of their land has caused your land to subside and that as a consequence you will be seeking damages. If your neighbour continues to dispute the matter you can proceed to the District Court

.

you need to go on the offensive.
The nieghbor is trying to make the problem yours when in fact it is theirs.

[Kiore]

Yes, I think you are right. We have tried being reasonable and negotiating but it hasn't worked. I've made an appointment to see our solicitor.

[donna]

Very interesting - let us know how you get on.

cheers,

Donna

[donna]

quite a good article here;
https://metrolaw.co.nz/retaining-wal...ith-neighbour/

That's a nice site too - like the use of art work and mentioning the artist.

[ATM]

That's a nice site too - like the use of art work and mentioning the artist.

In the article, it says "the liability of the landowner who excavates the land is personal and does not pass to any subsequent purchaser of the excavated land but remains with that landowner who excavated the land in the first place.". It is interesting what would happen if the landowner has moved to a foreign country and could no longer be chased or is no longer alive?

[John the builder]

"the liability of the landowner who excavates the land is personal ...."

any lawyers out there??

Does this mean the new owner who inherits the wall is still responsible to maintain it (even if not liable for some defect) as opposed to the nieghbour who didnt have anything to do with it either?