Neighbours Garden Bed Retaining Wall Collapsing and Has Damaged Fence

GLO on 02/01/2017 - 10:12
Last edited 02/01/2017 - 10:13

Happy New Year,

I'd like some logical feedback on this currently small issue.

The neighbours land is slightly elevated compared to our block.

Their backyard garden bed has a lowline retaining wall for their garden bed.

The brickwork is tipping over and is likely to collapse during the next heavy down pour.

The dilemma is that the collapsing brickwork over time has damaged the fence and now half the fence has tipped over at 45degree angle to our property.

The fence cant be pushed back due to the brickwork leaning over the boundary line too!

What complicates the matter is that this neighbour scours any child or adult who walks across the council strip that they maintain. We live opposite a primary school and they have acquired quite a reputation!

Typically, I know that fencing costs are 50/50 but as their garden bed retaining wall has caused the fence to collapse (indisputable), what genuine options do i have?

Thanks again!

Home & Garden

Comments

  • gooddealmate on 02/01/2017 - 10:23

    It's their responsibility if the damage is caused by something they have erected in their garden.

    It's the same as if you were to lean something really heavy against your side of the fence and it falls over, you would be expected to foot the bill.

    Speak to them and hopefully they'll be reasonable enough to understand.

  • shaybisc on 02/01/2017 - 10:29

    "Scours"- I assume that means spraying them with water here. I had to look that up because as far as I knew scours only means one thing: cow or pig diarrhoea.

    • [Deactivated] on 02/01/2017 - 10:41

      'scorns'?

    • Almost Banned on 02/01/2017 - 11:38
      +1

      excoriates?

      • [Deactivated] on 02/01/2017 - 11:41

        If we are going 'there'….eviscerates.

    • psyren89 on 02/01/2017 - 13:35

      I'm assuming OP meant "scowls at".

    • endotherm on 02/01/2017 - 13:54
      +1

      scour

      verb
      verb: scour; 3rd person present: scours; past tense: scoured; past participle: scoured; gerund or present participle: scouring

      1.
clean or brighten the surface of (something) by rubbing it hard, typically with an abrasive or detergent.
"she scoured the cooker"
synonyms:   scrub, rub, clean, wash, cleanse, wipe; More
polish, buff (up), shine, burnish;
abrade;
dight;
archaicfurbish
"she scoured the cooker and cleaned out the kitchen cupboards"
    remove (dirt or unwanted matter) by scouring.
    "use an electric toothbrush to scour off plaque"
    (of water or a watercourse) make (a channel or pool) by flowing quickly over something and removing soil or rock.
    "a stream came crashing through a narrow cavern to scour out a round pool below"
2.
(of livestock) suffer from diarrhoea.
"he went out to deal with piglets who were scouring"
    archaic
    administer a strong purgative to.
    "he immediately proceeded to scour him with the most potent medicines"

      noun
      noun: scour; noun: scours

      1.
the action of scouring or the state of being scoured, especially by swift-flowing water.
"the scour of the tide may cause lateral erosion"
    an act of rubbing something hard to clean or brighten it.
    "give the floor a good scour"
2.
diarrhoea in livestock, especially cattle and pigs.

      *Origin
      Middle English: from Middle Dutch, Middle Low German schūren, from Old French escurer, from late Latin excurare ‘clean (off)’, from ex- ‘away’ + curare ‘to clean’.
      scour2
      ˈskaʊə/
      verb
      verb: scour; 3rd person present: scours; past tense: scoured; past participle: scoured; gerund or present participle: scouring

      subject (a place, text, etc.) to a thorough search in order to locate something.
"David scoured each newspaper for an article on the murder"
synonyms:   search, comb, hunt through, rummage through, sift through, go through with a fine-tooth comb, root through, rake through, leave no stone unturned, mine, look all over, look high and low in; More
ransack, turn upside-down, turn over;
drag;
informalfossick through
"Christina scoured the antique shops until she found the perfect piece"
    move rapidly in a particular direction, especially in search or pursuit of someone or something.
    "he scoured up the ladder"

      Origin
      late Middle English: related to obsolete scour ‘moving hastily’, of unknown origin.*

    • GLO on 02/01/2017 - 15:22

      Sorry, i meant scolds them!

  • [Deactivated] on 02/01/2017 - 10:48

    Is the fence in otherwise new and good order? I think if the fence was older than 15 years and struggling, costs should still be shared evenly. If it was in good condition maybe you could apportion costs, but that might take a while and cause hostilities.

    • GLO on 02/01/2017 - 15:33
      +1

      Hi Frugal Rock, the fence would still be fine and doing its job if the garden bed retaining wall hadnt buldged over the boundary line.

  • Almost Banned on 02/01/2017 - 11:39

    Everyone is responsible for lateral support.
    It sounds like your neighbour might be guilty of a trespass.

    • GLO on 02/01/2017 - 15:54

      Could be!

      Havent set up any cameras, but now that you have put that idea in my head!!!

  • [Deactivated] on 02/01/2017 - 12:22

    The neighbour caused the damage

    They can fix it

    If the fence is pushed over into your property I would be seeking "advice" on getting it resolved
    Be it through council or whatever, the fence is pushed over into your "boundary zone" then its up to the neigbour to resolve it

    However if the neigbour is going to be a c**t about things, maybe some lengths of timber to provide stability in the interim to prevent the fence from actually falling down

  • endotherm on 02/01/2017 - 12:51
    +8

    Take lots of photos NOW, especially showing brickwork leaning over the property line. You will thank me later.

    • GLO on 02/01/2017 - 15:25
      +1

      Hi endotherm,

      Yes, just a handful of photos, close up showing their brickwork bulging across the boundary point, and a wider shot showing the 2 sections that have been pushed over.

  • whooah1979 on 02/01/2017 - 13:01

    Their backyard garden bed has a lowline retaining wall for their garden bed.

    no buffer between the wall and the fence? if so, then they deserve what they get.

    • GLO on 02/01/2017 - 15:36

      If they were nice neighbours, they would be approachable, but her track record always ends up with her speaking over you regardless of how polite you are.

  • Randxyz123 on 02/01/2017 - 13:58

    Take photos then write a letter stating what has happened and ask them to call you to discuss fixing it. Put the letter in their mail box. If they "scours" (do you mean scolds?, or shouts at?) you tell them to grow up.

    State in the letter that if you don't hear from them within 2 weeks you'll be speaking to a lawyer and the council.

    • GLO on 02/01/2017 - 15:55

      The irony about leaving a letter for my neighbour is that they will probably deny receiving it!

  • FirstNameLastName on 02/01/2017 - 22:33

    is it an actual retaining wall, or is a sort of raised garden bed situation.

    does it go the entire length of the fence?

    is it definitely back from the property line? you could check by asking council for the survey plan or some such thing.. measure out against the plan.

    did the current neighbours build it? i assume it must be ancient or poorly built/drained

    • GLO on 02/01/2017 - 23:40

      Hi Stitchy,

      I'm not certain of the proper terms but this section of their brickwork appears to be for their flower bed which has some trees in it.

      It goes as far down as I can see. But I've not been in their yard.

      They are the original owners.

      • FirstNameLastName on 03/01/2017 - 15:49

        ok.. 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.

        i think my council makes a point of trying to avoid getting too involved in retaining wall disputes.. and sets them aside with different rules etc.

        talking face-to-face is always best. perhaps their reputation is now inaccurate.. or they are approachable at least on this issue.

        go in there with an open mindset, that they may not know the issue, may not agree on your idea of a resolution.. and so you don't 'ambush' them, perhaps use a first contact just to outline your thoughts and get them to think about what they'd like to offer as a resolution.

        if it's just a section of fence.. perhaps they could fix that.

        if the fence is ancient.. i+ it may be on it's way out soon anyway.. and perhaps rot is even a small part of why it has toppled.. or termites.

        in any case.. you'd be better off being on good terms with them when it comes time to replace the fence. a smile and box of cookies can be extremely disarming.. rather than taking the obvious path of letters and demands initially (from which there is no return).

  • ozbjunkie on 04/01/2017 - 05:56

    If you can't send her a formal letter because she will debt receiving it, then… Talk to her about it and covertly record her? Or is this illegal?

  • resisting the urge on 24/01/2017 - 14:07

    The laws relating to fences and retaining walls vary from state to state.

    I'm not sure if others are reading this right, but it seems to us that you are saying the retaining wall is behind the boundary, on their land, and is falling onto the fence (that is on the boundary?)

    The cause of the fence falling over is most likely hydro-logical pressure building up behind the wall, roots upsetting the wall and/or fence post foundations, or both.

    If they built the wall, and in-filled behind it, it is likely their responsibility. E.g. If they effectively built the land up when building the bed, and the fence is erected on the retaining wall, and then the wall has simply failed to retain their land, they (may) be legally responsible for the whole thing.

    OTOH, If the land level was reduced on your side, to flatten the lawn, for example, and they built the wall afterwards to retain their land, then it may be yours, or partially yours, regardless of where the wall is located, (depending on the law in your state).

    I would be prepared to re-build 50% of the wall and the fence, but would let them sort it all out on their side if they choose to do so, and then pay my half of the fence, as perhaps they should.

    But don't be worried that they will treat you like the school children that destroy their well-kept verge with rubbish, wear and weed-seeds from their shoes. It all just depends how important a lawn is to you. House proud types are more likely to be willing to fix a boundary problem.

  • Euphemistic on 24/01/2017 - 14:52

    How about talking to them about it and working out a mutually agreeable outcome.

  • GLO on 14/04/2017 - 07:48

    Hi,

    I tried talking to their gardener as they are not approachable.

    When I called over the gardener to pass on a message about tree overhang, I informed the gardener that we know they are particular about their garden. He said that I didn't even need to ask permission. Before you know it, the neighbour has appeared and I acknowledged her and asked her to come over to chat. Expectedly she refused and demanded the Gardener stop speaking with my wife and I.

    I later trimmed the tree (what I could safely reach).

    With the heavy Sydney rain over the past 4 weeks, their garden bed brick wall is now also bulging at the front of of the property.

    Now their retaining wall with sleepers is starting to lean and is obviously deteriorating.

    No relief in sight.

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