Dealing with a situation like this can be challenging, but it's important to address it promptly to protect your property and maintain a good relationship with your neighbors. Here are some steps you can consider taking in Australia/New South Wales (NSW):
Communicate with Your Neighbors: Start by having a friendly and open conversation with your neighbors about your concerns. They may not be aware of the potential issues their actions could cause. Explain the situation calmly and try to find a mutually agreeable solution.
Check Local Laws and Regulations: Familiarize yourself with the local building codes, regulations, and property laws in your area, especially regarding fence ownership and property boundaries. In NSW, there may be specific regulations regarding retaining walls, fences, and property modifications.
Get a Professional Assessment: Consult with a qualified structural engineer or a building inspector to assess the situation. They can evaluate the stability of your fence and the impact of your neighbor's yard elevation on your property. The engineer's report will be valuable evidence if you need to take legal action.
Mediation: If communication with your neighbors becomes difficult, consider engaging a mediator to help facilitate discussions and find a resolution that works for both parties.
Contact Local Council: If your neighbors' actions are in violation of local regulations or permits are required for the modifications, you can contact your local council to report the issue. They may investigate and take appropriate action.
Send a Formal Notice: If all else fails, and your concerns are not addressed, you may need to send a formal notice to your neighbors outlining your concerns and requesting that they take action to remedy the situation. This notice should be drafted by a legal professional to ensure its validity.
Legal Action: If your fence is indeed being used as a retaining wall without your consent, and it poses a risk to your property, you may need to seek legal advice and take legal action to protect your rights and property interests.
It's crucial to document everything, including conversations, photos, and any correspondence related to the issue. Before taking any action, consider seeking legal advice to understand your rights and responsibilities fully.
Please note that the information provided is not legal advice. For specific legal guidance related to your situation, it's best to consult with a qualified attorney familiar with property and construction laws in NSW.