How To Carefully Plan A Boundary Retaining Wall
If you live in a land of gently rolling hills, you may have chosen the location for its great views and because it is somewhat different from those neighbouring lowlands. You may be planning to modify your surrounding land to reduce some of those immediate slopes and adapt your property for entertainment purposes. In this case, you may be thinking about building some retaining walls to help you achieve that goal, but you will certainly need to be careful as you progress and understand how such activity could directly affect your neighbours. What factors do you need to consider before you proceed, so you can get to where you want to be without drama?
Complex Laws
Firstly, it's important to understand that the law is slightly different for properties that require this type of structure in or around the boundary. You will not be governed by rules that relate to a simple fence but regulations that may apportion the responsibility for the retaining wall instead.
Careful Positioning
Fundamentally, you need to ensure that the retaining wall is built very precisely and never on the wrong side of a boundary. While this may sound obvious, these rules will also include the footings of any retaining wall, and you cannot encroach on or cause damage to your neighbour's property through this kind of activity.
Natural State Of The Land
What is the natural state of the land in this area? This can be classified as a starting point to determine who is responsible for paying for and maintaining the wall. Nothing will happen if the land is left in its original state, but if you need to excavate or add backfill, this may certainly affect the adjoining natural land and generate further complications.
Beneficial Party
The law will also want to determine who receives the benefit of any retaining wall. It's not inconceivable that other properties in the area above yours may benefit from your work, and in this case, they may be responsible for at least part of its maintenance or repairs.
Surveying the Land
As you can see, this situation could get very complicated, and you will need to understand and appreciate the land's natural state before you begin any work. To help you gather this information, bring in a licensed land surveyor, so they can identify and subsequently mark the boundaries of the land in question. The retaining wall should be built entirely within a specific boundary and not actually on it. Crucially, you will have to get the appropriate approval from the local government department, which will also determine the build quality.
Getting Started
Clearly, there is much negotiation involved once you are ready to get underway. This is why you want a licensed land surveyor on your team, so that you know how to present your case and achieve your goal.