Hi guys, My partner and I bought a vacant land that was subdivided by the owner/seller (in WA). We are going to build a new house and live there. The seller will build a new house and live there as well. As part of the purchase price, the seller will build and cover the whole cost of a retaining wall along the boundary including fence on top of the wall. After we signed the contract, we just realised that we didn't know which side of the boundary that the wall will be built on. We have been in contact with the seller to discuss this and also just to build a relationship, after all we will be neighbours soon. Seller told us that retaining wall will be wholly in our property as it is always on the side that is being retained. The land is flat and level. One thing to note is that we will build single story house with the garage right next to the boundary line. Since the seller said the wall will be on our side, we have to build a load bearing wall to support the garage wall. We have agreed to cover the additional cost of load bearing wall.
My question is, are there some sort of rules as to where a retaining wall should be built on? I mean, is the seller right to decide that the retaining wall would be on our side? I just want to make sure that the seller is honest and not trying to take advantage of us. My logic would be the wall should be built right on the centre of the boundary line, so we share the wall 50-50. I have tried to google the rules/regulations from local council but could not find anything. What are your thoughts?
Retaining Wall on Subdivided Land
Comments
The contract did not specify any details on the wall or fence. It only stated that seller will build the wall and fence. My guess is that since the seller is paying for the whole cost, it's safe to assume he wants the wall on our side of boundary?? Not sure if it makes any sense, just trying to give seller the benefit of the doubt.
If the contract does not contain any specific details just tell him you want it on the boundary line just like a normal fence
This.
If it's a boundary fence then it's got to be subject to surveyor's report & council approval anyway.
@StewBalls:
Yes it's only for boundary fence as the land is flat, no significant slope. I have seen the survey report and the plan of the wall design from the survey company and structural engineer. I'm assuming it's the seller's decision as to where the wall will be built? The survey company and structural engineer just provide plan and design info?
How tall will the retaining wall be?
If it isn't to tall, you may be able to request a vertical retaining wall (as opposed to one with a slope).In any case the fence will be built on the boundary line on the higher side, then the retaining wall be built on the side where the land will be lower.
The wall will 0.7m above the ground, 1m total height with 0.3m underneath the ground level. There's no higher side as the land is flat. So i don't know how the seller could come to a decision that the wall would be on our side.
Nice try President Trump
The land is flat and level.
Ok, I'll bite…why do you need a retaining wall if it's flat ground???
Because the House, Retaining Wall and Garage will be built after Trump is sworn in, and everything will either be USA, USA, USA (or Mexico) and this goes for WA as well…
My limited understanding of the situation is that Trump's wall is more exclusionary than retentitve; but he's a pretty shrewd businessman, I'm sure he can get the Mexicans to go halves anyway…
Trump says he's going to get the Mexicans to pay for the wall.
Hmm i guess i used the wrong term? It's actually for dividing the boundary line.
Yes, big difference.
If it's just a boundary fence, irrespective of the materials, it should where permissible (practicable) be right on the boundary…and if it has to be moved it's usually by mutual consent.
Should I raise a question to the seller why he/she decided the wall to be on our side? Should I ask what the reasons are that he/she came with that decision? So far they seem to be very nice people and open with discussion. I just don't want to start a conflict or create a trust issue with soon-to-be our neighbour. But at the same time, I want to make sure that we have an honest neighbour and not taking advantage of us.
Im confused why you need a retaining wall if its flat ground?
As I said above, I might used the wrong term, but its purpose is as a boundary fence to divide between 2 lots. The seller used the term "retaining wall" so that's what I go with. It will be constructed using limestone blocks and colorbond fence on top of it.
Its correct but you could have gone for something like concrete sleepers and a good neighbor fence.
I dunno how small your lot is but if the sellers is paying for everything I wouldn't have a problem.
40m long boundary
Short answer no.
Would you elaborate the long answer? :)
Sir, no, sir.
Really you may need to talk to solicitor, see the council and ask requirements
if there is a retaining wall then the house on tbe downside the sellers of the land may be doing a cut out slab.
Now here is another worry - who is responsible for the water runoff?
an another-_- who is responsible for the retaining wall . there are different regs fkr different councils or states.
an an ankther _ _ - if 'fence' is on your land then full ownership is your rexponsibility.
and another … when at council check with height regs for privacy viewing.
good luck.
Probably should of thought about that before signing a legally binding contract. Did the contract stipulate anything regarding the retaining wall ? If not you should consult a solicitor.