Legal Experts in Resolving Land Disputes
We act for landowners to resolve legal issues arising from, or touching upon, their land and the neighbouring land/s in relation to common boundary disputes, dividing fences, retaining walls, encroachments, tree roots, overhanging branches, defective building structures, restrictive land covenants, show cause or enforcement notices issued by Council and other private nuisance disputes.
We will represent landowners to resolve their disputes with the neighbour/s firstly, if reasonably open in the circumstances, via negotiations (in order to minimise legal expense to the client/s), and then, if necessary in the circumstances, via the Court or Tribunal process, as at times, forcing the hand of the neighbour/s by an Order of the Court or Tribunal is the only means of achieving an outcome.
We will also defend landowners against claims made against them (whether they be informal claims, in the early stages, made against them, by way of, say, threatening or demanding letters), or against formal claims (filed with the Courts or Tribunals, which require urgent action), as well as provide legal advice to the landowners as to the strengths and weaknesses of their case, and the options reasonably available to them to facilitate an efficient resolution of the matters.
Land disputes are common. There is no doubt about that. Trees will grow. Fences and retaining walls will deteriorate. Boundary lines will blur with time. Builders will make mistakes. And the living habits, or conduct, of one neighbour may not agree with the other neighbours. These issues are inevitable, and we have all encountered them in one form or another.
But what to do when they do arise. In some cases, there is legislation that can be of tremendous assistance. In other cases, there is the hard letter of the law (although cases are almost never black and white). The situation is particularly problematic when one or more of the neighbour’s is not being fair, reasonable or cooperative. And this, I am afraid to say, is more common than it should be.
With the assistance of a land disputes lawyer, experienced in dealing with such issues, experienced with the Court and/or Tribunal processes, the law, and the expert evidence that ought to be obtained in the matter (which can prove to be a golden bullet at times), can go a long way to facilitating a quick and efficient resolution of the matter.
ZORAN GELIC Retaining Wall Disputes
What is a retaining wall?
A retaining wall is a structure erected to support an excavated or filled embankment. Under the Building Code of Australia, a retaining wall is classified as a ‘class 10b’ (non-habitable) structure. This means that the construction of a retaining wall (save for limited circumstances) may need to comply with certain building and design requirements. A retaining wall may also need to comply with certain planning and zoning controls.
Do I need building and/or planning approval to build a retaining wall?
Generally, if your retaining wall is less than one (1) metre high, then you may not need planning and/or building approval. However, there are various planning controls and building regulations which may require that you obtain planning and building approval for your specific retaining wall in any event. The legislation for planning and building controls in Queensland (such as the Planning Act 2016 (Qld), the Building Act 1975 (Qld) and the Building Regulation 2006 (Qld)) is not without significant complexity and you should contact your local Council or speak with a suitably qualified lawyer, town planner and/or building certifier for advice specific to your retaining wall before constructing the retaining wall.
Most clients we see, or their neighbours, have already “jumped the gun” and constructed the retaining wall without obtaining Council and/or building approvals, without obtaining the necessary consents, without undertaking a common boundary survey, and without obtaining legal and other professional advice before incurring what are generally substantial costs of construction, which makes the task of finding a practical and cost-effective solution, that all parties can live with, all the more difficult.
Who is responsible for a retaining wall between properties in Queensland?
The law in this area is not simple and there are many issues to be considered. For example, in whose lot is the retaining wall located. Is it located in one lot wholly, or equally along the common boundary dividing the lots, or is it located partially in one lot and then partially in the other lot (so as to, potentially, be constituting an encroachment). Furthermore, for what purpose (or for whose benefit) was the retaining wall constructed. Was it to hold fill for the neighbour on the higher property (in order to allow them, for example, to level out the land so it is no longer sloping), or was the land cut in by the neighbour on the lower property (in order to allow them to build their house, garage or drive way etc on a flatter lot). Perhaps the neighbours receive an equal benefit from the retaining wall, or one neighbour receives a higher benefit than the other, such that the responsibility for the retaining wall ought to be apportioned between the parties. Or perhaps one neighbour is causing damage to the retaining wall due to inadequate groundwater or subsoil drainage, or because of underground roots and other issues.
Unlike issues relating to dividing fences and trees (which are governed by legislation known as the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), which clearly sets out the rights and obligations of the parties in respect of such matters), disputes regarding retaining walls are decided on the basis of broader Judge made legal principles (such as the duty of one neighbour to take reasonable steps to avoid causing reasonably foreseeable harm to the other, or to not cause a nuisance), which are also the law, but are published in cases. Inevitably, each case will turn on its own facts as to which neighbour (and to what extent) has responsibility to maintain, repair and/or replace the retaining wall.
What evidence may I need to prove my case in a retaining wall dispute?
This will depend entirely upon the specific issue(s) affecting your case, but let us say you believe that a severely deteriorated retaining wall is not your responsibility as it is located wholly within your neighbour’s lot and you derive no benefit from the retaining wall as it holds fill and no excavated ground on the side of your property, located lower on the natural slope.
In the circumstances, you may need to obtain (but remembering you should first obtain legal advice if you can as it may spare you from incurring unnecessary costs):
There may well be a need to obtain other professional reports depending on the nature of the issues. However, at times, it may be possible to resolve the dispute/s without outlaying thousands of dollars on expert evidence, so speaking with your lawyer in the early stages of the dispute is highly recommended.
What options do I have to resolve a retaining wall dispute?
There are many options available for resolving a retaining wall dispute, each with varying degrees of complexity, formality and cost. For example:
Going to Court should only be an option of last resort, but at times, it may not be possible to sensibly negotiate with the other party as they may be unreasonable, unfair or simply uncooperative. Despite what step you make take, what is paramount is that you have a clear strategy and budget in place to see the dispute through to finalisation.
What we can do for you:
Whether you are the aggrieved neighbour, or you are the neighbour being accused of some wrongdoing, we can give you experienced, intelligent and strategic legal advice as to the strengths and weaknesses of your position and the options best adapted to facilitating a quick and efficient resolution of your matter.
If you need to issue letter correspondences, or notices, to the other neighbour or you have been on the receiving end of these communications and need to respond in writing, we can take over and represent you in the dispute and communicate directly with the other party (or their lawyers).
If you need to sue your neighbour, we can commence proceedings before the Tribunal, or the Courts, to obtain binding Orders (and your legal costs, if available in the circumstances).
If you are being sued by your neighbour, we can represent you to ensure that you do not say, or do, or agree to, anything that is over and above the scope of your legal responsibility.
Main Distinction – Partner on the Job, Not a Junior Lawyer
Zoran’s practice model borrows from his experience as a Barrister. A Barrister (a Court specialist advocate) is briefed to bring their skills, experience and expertise to bear upon the case (and not to delegate to a junior just as soon as the clients exit the door). Zoran offers the same personalised service to his clients. If you brief Zoran, you get Zoran.
About ZORAN GELIC
Zoran is an experienced commercial, property and dispute resolution lawyer (with more than a decade of licenced legal experience).
Prior to establishing ADVIILAW, Zoran practised law as a qualified commercial barrister and nationally accredited mediator, specialising in Court advocacy, evidence and civil procedure.
Zoran has graduated with a Master of Laws (Dean’s Honours) from the University of Queensland.
Zoran is currently undertaking a PhD in Law at the University of Queensland, with the assistance of his supervising professor and another doctor.
Zoran has delivered legal services to clients across many different industries (including high risk or high net-worth individuals, mums and dads, small businesses and large multinational companies).
His unique skills, experience and expertise allow him to identify precisely what the real issues are, and what legal and practical solutions will best achieve the client’s desired outcomes.
Zoran is professional, courteous and will work closely with his clients to ensure that their legal experience is as seamless and cost effective as possible.
Zoran’s qualifications and memberships include:
Why Choose ZORAN GELIC Land Disputes Lawyer
Strong expertise in land law and resolving land disputes
Represents plaintiffs and defendants both inside and outside of Court and/or Tribunal proceedings
Highly qualified, skilled and experienced
Trusted lawyer, litigator and advisor to many.
Professional, friendly and responsive
Outcome driven. A win for the client is a win for him.
Testimonials
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