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  1. #11
    Join Date
    Jun 2004
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    10,415

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    Quote Originally Posted by Leftette View Post
    It might well be the case, but if the retaining wall was equally built to allow for a flatter spot on which to build their place, or they get enjoyment for the flat spot created below the wall, couldn't it be argued that it's for their benefit too?

    Id' say it depends fundamentally on which party BUILT the wall. They are responsible.
    You could argue that but it would depend on the natural ground level (which may be very unclear as time moves on).
    Did you google as suggested?
    The 1st link was a very detailed article from Aus but, I expect, fairly applicable to here.
    Fundamentally it depends on the natural ground level and who benefits.
    Clearly if the wall supports the neighbours drive they can't just ignore any responsibility!

  2. #12
    Join Date
    Aug 2014
    Location
    Auckland
    Posts
    722

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    Even if the retaining wall is built right on the boundary, any retaining wall that supports a drive way requires a building consent. Therefore there is a building consent and (hopefully) CCC in someone's property file. So, the one who has these in the property file is the owner of the retaining wall, and therefore responsible for its maintenance. Right?

  3. #13
    Join Date
    Aug 2014
    Location
    Auckland
    Posts
    722

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    Quote Originally Posted by Wayne View Post
    Fundamentally it depends on the natural ground level and who benefits.
    Clearly if the wall supports the neighbours drive they can't just ignore any responsibility!
    As I mentioned above, there must be a building consent lodged by some party, therefore the retaining wall belongs to that party (and is built on the land owned by that party). I can't see how this party could be different from owner of the driveway - that just doesn't make sense.

  4. #14
    Join Date
    Jun 2012
    Location
    Auckland
    Posts
    77

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    Not if the wall was built 25 years ago! I'm navigating the same situation but my property (and driveway) are at the top of the wall. The wall was built some years before my house and the section were developed so it could be argued that the wall was built to level the neighbours back yard (and yes this would tie in with the natural lay of the land). My house was built in 1992 and that was also before resource consent and CCC were requirements. Therefore there is no information on the property files (either my property or the neighbours). My lawyer is adamant that the wall is half share (we've had it surveyed and it's right on the boundary) but it seems that retaining wall issues are not clear cut. Fortunately this one is not falling down yet but it straddles a sewer/wastewater pipe and this section of the wall was poorly executed so needs repair. When the neighbour first approached me about it (remember I can't see it from my property) she said it might all be at her expense to which I replied that as far as I was concerned it is a boundary wall and we would share the cost. It seems she now thinks I should pay for it all....

  5. #15

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    where is the bdy and which side of the line is it on?

  6. #16
    Join Date
    Jun 2004
    Posts
    10,415

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    Quote Originally Posted by ivanp View Post
    As I mentioned above, there must be a building consent lodged by some party, therefore the retaining wall belongs to that party (and is built on the land owned by that party). I can't see how this party could be different from owner of the driveway - that just doesn't make sense.
    Not necessarily.
    This is a brilliant article going into some of the ifs, buts and maybes. May be Australian but it seems relevant in the thrust and logic
    http://www.lawhandbook.sa.gov.au/ch31s04.php

  7. #17

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    The wall existed before either party purchased their properties - the wall and our property are both on a downhill slope - It seems very certain that the RW is there to support our neighbors driveway - not to provide a flat spot on our back lawn. The RW is right on the boundary which we've had surveyed.

  8. #18

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    Its right on the boundary hence the issue with working out who is liable to repair it !

  9. #19

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    Quote Originally Posted by ivanp View Post
    As I mentioned above, there must be a building consent lodged by some party, therefore the retaining wall belongs to that party (and is built on the land owned by that party). I can't see how this party could be different from owner of the driveway - that just doesn't make sense.
    Yes but I think the RW was buuilt when the house was built around 1970 so most likely didn't need or have a consent ?

  10. #20

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    Quote Originally Posted by Wayne View Post
    You could argue that but it would depend on the natural ground level (which may be very unclear as time moves on).
    Did you google as suggested?
    The 1st link was a very detailed article from Aus but, I expect, fairly applicable to here.
    Fundamentally it depends on the natural ground level and who benefits.
    Clearly if the wall supports the neighbours drive they can't just ignore any responsibility!

    Thanks Wayne, yes everything points to our neighbor getting the benefit as its supports their driveway which is higher than our property.

    I have a couple of good pictures that would show the RW, but can't work out how to post these ??


 

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