Common wall, neighbor raising grade

[larrymoore]

What is the name of your state? New Mexico

I share a common wall with a neighbor, and the wall is concrete at the bottom with a metal fence on top which is embedded into the concrete. I believe the wall has been there over 50 years. We have a gradually sloping grade and the neighbor's lot is a foot or so higher than mine, but the concrete base of the wall has mostly kept his property from washing into mine. (the top of the concrete was a few inches above his grade). But he is now raising his grade by 2 feet, which threatens my property because my house is already set there below the common wall. He says he is going to install drainage, but I was wondering if it is legal for him to raise the grade like that next to a common wall which divides our two properties? Please advise if you can. Thanks a million. Larry Moore in New Mexico.

[lwpat]

He can raise the grade on his own property. He may require a permit and you can check with the local codes department. I would have a professional photographer take before and after pictures is you are really concerned. A letter to him raising the problem and asking his intent will also help, send it CRRR.