Retaining walls

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surfercdhick

31 posts

Geek

#198124 27-Jun-2016 17:42

I'm looking at our insurance and how it covers retaining walls.

We have a whopping great wall in front of our property. Our house is a pole house, so my understanding is that the neighbour in front (downward of us) built it about 1980 to retain our land in order to build his house. He also has one at right angles retaining the other property that is upward of his. Its a massive block wall, up to 3m i guess at the highest point and prob 15m long.

Now, my understanding was that the wall was built by him (so we are told by the neighbours who were here then) to enable him to build a house, BUT he was apparently a sneaky chap and built it on what is now OUR land. We can't find any survey pegs so are taking the word of the neighbour on this.

its a big wall and would be very expensive if there were another big EQ (survived the CHC ones OK) and it came down. If it came down, I don't think it would affect our house as it was built after our house was constructed.

The place is tenanted and the owner lives overseas.

we cld just add it to our insurance but they want all this info from us to enable us to do this: Sum insured, Details of any previous losses, if there are any owners other than our customer for any of the walls and what the ownership structure is, e.g. cross-lease, easement, etc., and confirmation that any code compliance certificates required from the council have been obtained. Consent is required for any retaining wall higher than 3 metres.

Any advice on where we would find the info? The council, when i phoned them, said there may be something in the property files (ours or the other property?), but there probably isn't from back then. Ideas?

Bung

6489 posts

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#1581387 27-Jun-2016 19:14

At the time the wall was built a building consent was needed for anything over 1m. I can't see that wall being put up without Council involvement. I think you should establish where the boundary is. If it isn't your wall it won't be your insurance problem.

surfercdhick

31 posts

Geek

#1581410 27-Jun-2016 19:18

It may not be our wall - but if it falls down, because they excavated to build theirs, it would affect our property over time (so my engineer partner says, who i just talked to), if they are not insured for its repair, what happens? Are we insured against their non-insurance (you have to specify retaining walls or they are not automatically covered).

gzt

17149 posts

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Lifetime subscriber

#1581515 27-Jun-2016 20:35

First step is find out the boundary. Google maps/sat might give some indication. You will need a surveyor to find existing pegs or mark it.

Also the council should have consent records for the other property.

andrew027

1286 posts

Uber Geek

#1581531 27-Jun-2016 21:21

The first thing to do is to find out exactly where the boundary is and make sure it is actually on your property. If it's not, then no problem.

How close to your house is the wall? From the Earthquake Commission:

EQC provides cover for... retaining walls and their support systems that are necessary for the support or protection of the house or insured land... if they are within 60 metres of the house. Retaining walls that serve a landscaping function, rather than supporting or protecting your house or the insured land... are generally not covered by EQC.

Aredwood

3885 posts

Uber Geek

#1581537 27-Jun-2016 21:29

Definitely get a survey done to see where your boundary is in to relation to the wall. If the neighbour has built the wall on your land, he could be in breach of the council district plan and/or resource management act. As height to boundary measurements are calculated off the boundary of course. So it is in his interest to have the measurements calculated from the top of the wall, not the bottom.

Fred99

13684 posts

Uber Geek

#1581542 27-Jun-2016 21:46

andrew027:

The first thing to do is to find out exactly where the boundary is and make sure it is actually on your property. If it's not, then no problem.

How close to your house is the wall? From the Earthquake Commission:

EQC provides cover for... retaining walls and their support systems that are necessary for the support or protection of the house or insured land... if they are within 60 metres of the house. Retaining walls that serve a landscaping function, rather than supporting or protecting your house or the insured land... are generally not covered by EQC.

Big warning on this - EQC cover on retaining walls was argued by them as being at indemnity value - not replacement cost.

Our immediate neighbour had retaining walls (one on their side of our boundary) which were built in the late 1950s. Eqc's offer had been depreciated using a formula that they refused to disclose, to a few thousand dollars. Cost to rebuild them was $230,000. They (our neighbours) were lucky - their private insurance covered the difference. Many have not been so fortunate.

frankv

5680 posts

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Lifetime subscriber

#1581642 28-Jun-2016 07:13

surfercdhick:

It may not be our wall - but if it falls down, because they excavated to build theirs, it would affect our property over time (so my engineer partner says, who i just talked to), if they are not insured for its repair, what happens? Are we insured against their non-insurance (you have to specify retaining walls or they are not automatically covered).

If they are not insured, then they are personally liable, including any damage caused to your property. You cannot insure something belonging to someone else.