Old Retaining Wall

What is the name of your state? California
I recently started the process to re-build an old leaning retaining wall that supports my up-hill neighbor's front yard and divides our properties. A survey showed that the wall and part of the 3 foot walkway between the wall and my house was on my neighbor's property. There are no building permits or City records indicating which property built the wall, although visually it looks like it was mine since the walkway was built from the same brick. Our houses were built in the 1920's. If the wall is built on the property line, it will be about 9 inches from my home, which I do not like since it does not meet even the minimum code standards. Legally, who's wall is it? Who is responsible for fixing it when it falls? If it falls and my neighbor is responsible, would he be allowed to build it on the property line?

[HomeGuru]

Originally Posted by Plan

What is the name of your state? California
I recently started the process to re-build an old leaning retaining wall that supports my up-hill neighbor's front yard and divides our properties. A survey showed that the wall and part of the 3 foot walkway between the wall and my house was on my neighbor's property. There are no building permits or City records indicating which property built the wall, although visually it looks like it was mine since the walkway was built from the same brick. Our houses were built in the 1920's. If the wall is built on the property line, it will be about 9 inches from my home, which I do not like since it does not meet even the minimum code standards. Legally, who's wall is it? Who is responsible for fixing it when it falls? If it falls and my neighbor is responsible, would he be allowed to build it on the property line?

**A: the wall and part of the walk belong to your neighbor.

Thank you for your prompt response Home Guru. I'll show the survey to my neighbor and see if he is willing to proceed (and be financially involved) with the project. It's an expensive job, I've spent $2k so far just on drawings, pre-inspection work and the survey. We'll see if he will be willing to continue the project now or if he will want to wait untill the wall falls to deal with it (likely damage to my house). This all started because he began to put up a fence that would sit on the retaining wall and I thought to better fix the wall before his fence and irrigation system completely destroys it. Since this is all on his side of the property, I think I better stop playing offence for now and begin playing some defence.

I agree**************...