Thread: Neighbours landscaping has removed supporting soil from tall fence posts

Given its a fence - shared space and cost (or are they accepting responsibility?) Maybe you could get a quote from a previous or trusted trade as to at the very least put your mind at ease?

Or keep getting quotes til you find a trade you and your neighbour feels comfortable with. I know this sounds time consuming but it's a problem that obviously isn't sitting well with you and a band-aid solution wont be acceptable

Pm me
And I will give you our business details( hand man business plus lots of fencing [emoji41])
Also I Can give you my opinion
But, please I'm not after more work have plenty at present
We are located in Glen Waverley , but mum still lives in glen iris .

Cheers Matt

Your idea of extra posts is on the right track, as it would probably take 2 posts to support the extra loading from the additional height, but I would still want a retaining wall on their side and backfilled to support your side's fill (and the fence) to avoid additional erosion. Sorry not a cheap solution but that is what I would be recommending as a structural engineer.

I think the council/shire should be involved, as by the sound of what you're saying, improvements/earthworks were done illegally, as the council/shire would not have allowed the fence to be unsupported, by not having a retaining wall. If you get real heavy rains, the soil will be washed away, possibly exposing the house foundations. Who's going to be responsible if that happens???
If a retaining wall was to be built, it needs a qualified contractor to do the job, if it's over a certain height. Also it would require a deep drainage system installed to allow excess water to run away.
If the neighbors get reamed on the price, it's not your problem.
These are my thoughts only.
Kryn

Thanks heaps gents for the quick replies.

Hi Gabriel,
I did mention to the neighbours about 10 months ago that fence repairs are shared.

That was long before I saw the actual damage from their landscaping.
So we're pretty convinced we won't be sharing the cost.

And again, I haven't actually seen the damage from their side.
So it cold be the quotes are for far more than a couple posts cemented around an original post.

My previous and trusted trades are from airTasker with me right there discussing exactly what to do.
And sometimes stumbling onto a real professional using airTasker.

Which may be the real issue.
i.e. Me not having the paying clients last say/OK in what and how to do it. LOL
And being the only one to answer for it if it gets mucked up.
Answering for it immediately with the good lady wife.
Answering for it in the long run when it starts coming undone.

Will see if I can approach the neighbours to lend a hand in getting quotes.

The first quote, my lady tells me now, was from the builder who was responsible for the landscaping in the first place.
I'll suggest to them that he might be approached to use his insurance to fix it or complete the job properly without further expense.

thanks again

Hi Matt,

What a gracious offer.

Glad to hear you're busy.

I'll approach the neighbours and get back to you.

Originally Posted by barrysumpter

Hi Matt,

What a gracious offer.

Glad to hear you're busy.

I'll approach the neighbours and get back to you.

Not a problem

Hi Neil,

Thanks for the reply.

We certainly appreciate your comments as a structural engineer.

I was just thinking we have a bricked car port right there.
And I was just mentioning to the good lady that I haven't checked to see if the carport posts are starting to lean.
Or if the brickwork has started to sink.

Well thats me trying to be a good neighbour and not put pressure on anyone.
Hoping they would do the right thing and fix it themselves.

Frack! We have a huge tree on the property line there as well.
And the brick work has been really coming up around it lately.

No. Wait. Getting super paranoid now. LOL

thanks again

Hi KB,

Thanks for the reply.

Yeah, ok.
Definitely, going to ask to see from their side.

The soil has certainly been washed away.
We have a garage wall there on the property line as well.

They mentioned having to install extensive rain water drainage system.
Built in 1888.
they've also replaced the post under the house.

so a huge huge reno.

Hi Barry

from what you have written I'm concluding that the dividing fence was in good condition prior to the succession of neighbours doing work on their side of the fence.
and that the fence is still in good condition apart from its lack of proper support.

whilst I appreciate that you want to be a good neighbour, the problem is entirely your neighbour's responsibility.
If a retaining wall is required, it needs to be constructed on the neighbour's side of the boundary.
if additional, longer fence posts are required, they need to be installed on the neighbour's side of the boundary.
if recent excavation work is the cause of the problem, then that work was not completed to a satisfactory standard.
etc.

I strongly suggest you stay out of the quote getting / work specifying part of it. Becoming involved makes the problem partly yours and down the track (after the current owners have flipped the property) imposes an obligation on you to pay for any necessary rectifications.

now as a good neighbour, you might permit your neighbours to build a retaining wall that straddles the common boundary, but the cost of the wall is the neighbour's responsibility. But as a good neighbour, you might undertake to reinstate the garden on your side of the boundary at your cost.

If your garage is damaged, or at risk of damage, you have limited rights to enter your neighbour's property and "make good". But those rights are limited and you would want to get legal advise before exercising them.

Cutting to the chase, dont stuff around, your carport/garage is a disaster waiting to happen. Contact your local council, get the building inspector to do an inspection, go from there. The inspector should by rights issue a rectification order on the owners. Failing the council doing what they are supposed to do, contact a structural engineer to inspect. Being Mr Nice Guy will not fix the problem correctly. Also the landscape contractors are in breach of their license for doing this in the first instance.I know all this sounds harsh but are you prepared to have the carport/garage collapse on you when your in there? and then you will really find out the true cost of being Mr Nice Guy.
I can give you all the technical details relating to your problem but you do really need to talk to council in the first instance then a structural engineer.

Thanks again gents.

The council really does NOT want to get involved.
They say "talk to your neighbour and try to sort it out yourselves"
give the neighbour a week to respond. which they've done.
give them a month to sort it out. its been about a week.
if not sorted deliver a letter of intent.
then contact the council to escalate to deliberation.
or something like that

Sounds like council is touchy because they have over-looked it when they did the other inspections. Regardless of time frames, get the ball rolling with a structural engineer. From your earlier comments re storm water problem, your land is now higher than theirs so any run-off from yours will exasperate the problem and you will be undermining your own structures.

I had a property in Queanbeyan NSW on a hill with a fabulous view.

The drop down was only 50cm, but it was a 40m boundary.

The fence was just a regular wooden fence and the very first builders simply used sleepers anchored with rods. Over the great many years they rotted and the embankment was eroding.

At the time, as we were the "upper" it was our responsibility to ensure "our" soil didn't wash down onto the neighbours.

While the fence was split 50/50, we were responsible for the wall.

The council advised this only had to satisfy the requirement of "stopping our soil" and not be some gold-plated masterpiece of even be in character/synch with their landscaping. It was entirely OK for it to be literally the cheapest method in existence. Naturally if the neighbour wanted better, they pay the difference...

What makes this curious is your neighbours doing considerable work, yet not considering this? It would be interesting to see what legal minds might think.... Does the work of a neighbour that disrupts previously good foundations make it their responsibility to repair? Perhaps they will say it's a gradual degradation and nothing to do with them!

If if it were me, I'd arrange a quote for the very very very cheapest repair of the wall.

Sounds like you you have a considerable headache.