Retaining wall disputes: what you need to know

Retaining wall disputes between neighbours are more common than you might think. These disagreements often arise over issues like who owns the wall, who is responsible for its maintenance or repair, and whether damage caused by the wall affects neighbouring properties.

Common causes of disputes:

• One neighbour builds a wall that impacts the stability or appearance of the other’s property.
• Water run-off from the wall causes damage.
• The wall is deteriorating and needs repairs, but no one agrees on who should pay.

Who is responsible?

Responsibility often depends on:

• Whose property benefits from the wall.
• Where the wall is built, on the boundary line or within a single property.
• Whether the wall supports land that has been altered (such as cut or fill work).

Because each situation is unique, it’s important to get legal advice early to understand your rights and responsibilities.

How to handle a dispute

1. Try to resolve it informally by discussing it with your neighbour.
2. Keep records of communication, quotes, photos, and any agreements.
3. Seek legal advice if informal discussions don’t work.
4. Consider mediation as a way to avoid the stress and cost of going to court.

Involved in a retaining wall dispute? Contact Kells' conveyancing team for legal advice to help protect your property and resolve the issue.