Who owns a retaining wall between two properties?
Who owns a retaining wall between two properties?
Regardless of which side of the boundary the wall is, the owner receiving the benefit of the wall is responsible for maintaining it. In example 4 below, owner B would be responsible for the wall even if it had been built with boundary position 2 (on the neighbour’s property).
What happen if retaining wall fail?
When concrete retaining walls fail, they mean not only extensive landscape damage but costly repairs as well. This is primarily because concrete is costlier and much harder to repair than bricks or planks.
How do you fix a falling retaining wall?
Regrade the area maintained by the wall to redirect water flow away from the wall. This will reduce some of the water pressure that may be building up behind the wall. Drill additional weep holes into the wall to allow for increased surface drainage. Reduce the height of the retained material by regrading.
How do you stop a retaining wall from failing?
How to Prevent Retaining Wall Failure
- Drain Excess Water. The most common reason why retaining walls fail is there is no system to drain the water that has been absorbed by the soil.
- Reinforce the Wall. A retaining wall is put under a lot of pressure by the soil it’s holding back.
- Ensure Proper Compaction.
Who is responsible for the maintenance of a retaining wall?
The maintenance of a retaining wall is the responsibility of the property owner whose land the retaining wall benefits. There may be circumstances where a retaining wall has been constructed on the boundary that retains fill on one property and cut on the neighbouring property.
When does retaining wall need to be included in dividing fence?
The Dividing Fences Act 1991 addresses how the cost of a dividing fence is shared between adjoining landowners. Under section 3 of the Act, a dividing fence only includes a retaining wall where the retaining wall is a foundation or support necessary to the support and maintenance of the fence.
Who is responsible for building a boundary wall?
However, it is generally erected on the physical boundary between the two properties. While neighbouring property owners are bound co-owners of the wall, the wall belongs to each owner individually. This means that the wall provides each property owner with a tacit servitude of lateral support against the other owner.
Why does my downhill neighbor need a retaining wall?
The downhill neighbor is nearly always responsible for the simple reason that s/he is the one that likely graded his property to make it level and thus required a retaining wall.