It’s not uncommon to hear about retaining wall disputes among neighbours. One of the biggest difficulties lies in determining who has responsibility for the wall.
There are many ways to go about understanding ownership of a retaining wall but one of them includes engaging a surveyor, such as Queensland Surveying Solutions, to carry out an identification survey.
Who is Responsible for a Retaining Wall on the Boundary?
Retaining walls are not classed as fences under the Neighbourhood Disputes Resolution Act 2011. Retaining walls are built to support built up or excavated earth. They are normally not a matter of joint responsibility for neighbours as they are usually benefit one neighbour more than the other.
This means that the person responsible for maintaining the retaining wall is usually the person who owns the property the retaining wall is located on.
How do you Know if the Retaining Wall is in Your Property?
An identification survey will help determine if the retaining wall resides on your property. Also known as a boundary survey, an identification survey is one of the most common and frequent type of surveys that we do at Queensland Surveying Solutions.
This survey needs to be completed by a registered cadastral surveyor. Its purpose is to identify exact property boundary lines and corners.
Do I Really Need an Identification Survey?
While it is a choice to have one done, an identification survey will assist homeowners or purchasers who are wanting to establish the exact location of their boundaries to assist with:
- Erecting new fences, building new houses or extensions to existing houses
- Erecting a new or maintaining an existing retaining wall
- Need to see if building or other structures encroach onto their lot or vice versa
- Resolving boundary position disputes with neighbours
- Investigation of easements, restrictions or covenants over the land that are noted on the Title
Further information about your responsibility as a fence owner in Queensland can be found here.
Retaining Wall Disputes
At Queensland Surveying Solutions we are a surveying consultancy with years of experience providing support and surveying services in civil, construction, cadastral, mining and engineering industries.
They key to our success is an absolute commitment to the success of our staff as individuals and the projects of our clients.
We’ve helped ensure the accuracy for countless building projects across South East Queensland. To get in touch about how we can help with your next surveying project, call us on 07 3325 0927 or enquire online here.