Multi Property retaining wall.

[ppeetteerr]

What is the name of your state (only U.S. law)? Utah

We have a retaining wall separating our backyard from our uphill neighbors. A section of the retaining wall is starting to bulge, possibly due to a leaking sprinkler and a tree on the neighbors property. I would like to repair the wall before it falls. However, I'm a little perplexed about who is responsible for the wall. The face of the wall appears to be on my property. however the sides of the wall extends into his (His property is elevated above all of his neighbors) I'll draw a picture below to illustrate. (F) is fence | and - is retaining wall there is about a 1 foot ledge between the two). Downhill is left and off the screen.

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So examining the neighbor's yard it looks like the wall was put in to elevate his property on multiple sides. But it was placed on our side of the line? Any advice on who's responsible? does it matter if the face is on my side? If I have to repair it I'd also have to go on his side and it would possibly destabilize the wall at the corners for his other two neighbors. What do I do about that?

I figure that I'll end up asking a local real estate attorney about this but would like to get some feedback first.What is the name of your state (only U.S. law)?

 

[drewguy]

Based on your description is seems unlikely that the retaining wall was built after all three neighbors dug out the land leaving his plot higher up. If so then the wall is his responsibility because it was built for his benefit. I assume the wall is the same material on all three sides, which further suggests it was built by the original builder on that properly. If he built it (or his predecessor in interest really) on your property, he has an extra problem--he has an encroaching wall. Of course, you might have a problem that he could claim adverse possession, depending on state law and whether the requirements have been met.

I would talk to him and advise him that you think it is his responsibility. Then if he agrees to fix it, ask him to be sure to have a survey done so that it is fully on his property.