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10-08-2008, 11:26 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 4
| | | Property Line Wall
What is the name of your state (only U.S. law)? California
My neighbor is building a new large house. When they had the property surveyed it showed the retaining wall in back was one on my property and the front is on my property by as much as four feet. We agreed in April to split a new wall to be built on the property line 50/50. After agreeing to have me collect bids and 6 months of being jerked around he told me he is not going to pay for the wall to be built. Unless I build the wall he will benefit from the extra foot in the back and up to four feet in the front. The back part of the wall, about 60 feet is a retaining wall. The house had a detached garage that acted as part of the retaining wall against my property and since they removed it, the wall has moved away from my concrete slab which allows water to go between. But it is on my property. They wont sign an agreement to allow me to build a wall on the property line, a City Requirement, without agreeing to hold him harmaless of everything. If I have to build it on my property can he build against the wall or improve it in any way? What are my options here. They have an autisic son who has already run into my backyard without us knowing and I have a pool. I need the protection and the privacy.
Thanks.
Last edited by CalBAer; 10-09-2008 at 11:08 AM.
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10-09-2008, 05:54 PM
| | Member | | Join Date: Mar 2007
Posts: 147
| | | Secure the pool
If something were to happen to their child, your pool may be considered an attractive nuisance. Check with the state rules. A wall centered about the property line may be considered a "party wall" which would give your neighbor a right to use. |
10-09-2008, 05:55 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | Quote:
Originally Posted by lizjimbo  ...
If something were to happen to their child, your pool may be considered an attractive nuisance.
... | Google attractive nuisance.
The term does NOT mean The Dixie Chicks! 
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10-09-2008, 06:05 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,154
| | Quote:
Originally Posted by seniorjudge Google attractive nuisance.
The term does NOT mean The Dixie Chicks! | Speak for yourself...
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate.
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Masterfully stating the obvious to the oblivious! (Thanks SP!)
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10-09-2008, 06:08 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 28,187
| | Quote:
Originally Posted by Zigner Speak for yourself... | Woof!
Woof!
Woof!
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10-09-2008, 06:17 PM
| | Senior Member | | Join Date: Jul 2002 Location: Bay Area, CA
Posts: 7,271
| | Quote: |
We agreed in April to split a new wall to be built on the property line 50/50.
| Was this agreement in writing? Quote: |
They wont sign an agreement to allow me to build a wall on the property line, a City Requirement, without agreeing to hold him harmaless of everything.
| Two questions -- first, what do they want to be "held harmless" for? Second, why do you think you need their agreement to build on the property line, as required by the City?
I take it yours in the higher property, and workers would need access to their property to repair the wall, is that the issue? |
10-09-2008, 06:43 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 4
| | | The agreement was verbal - nothing in writing except what they had drawn on some plans that were given to me to secure bids for the job.
Hold harmless from me trying to collect from them at a later time. They also want me to agree to maintain the wall as well. The consent is required by the city to build on the property line. If he does not sign it, it looks like the only option I have is to build it on my property and my wonderful neighbor wins all the way around.
I am on the uphill side and access should not be an issue since they are required to allow reasonable access with notice. |
10-09-2008, 07:05 PM
| | Senior Member | | Join Date: Jul 2002 Location: Bay Area, CA
Posts: 7,271
| | Quote: |
Hold harmless from me trying to collect from them at a later time. They also want me to agree to maintain the wall as well.
| Those may be reasonable requests, depending on all of the facts of your situation. You might want to sit down with an attorney, who can review all of the facts of the situation and advise you accordingly. |
10-09-2008, 09:00 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 7,354
| | Quote:
Originally Posted by CalBAer If he does not sign it, it looks like the only option I have is to build it on my property and my wonderful neighbor wins all the way around.
. | the property on the other side of the fence up to your property line is still your property. As such, the neighbor can be restricted from entering that section of your property. He cannot join to your fence either since he would have to build on your property to do so.
You will effectively lose that section of your property but you can prevent him from gaining from it as well.
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10-10-2008, 06:40 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 4
| | | What if the lateral support was compromised during demolition, grading and packing. A detached garage was removed from the middle of the current wall in question that acted as the middle section of the wall. |
10-10-2008, 07:29 PM
| | Senior Member | | Join Date: Nov 2005 Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 7,354
| | | how was this garage part of the retaining wall if the wall is one foot onto your property?
Basically, if a person alters their land so that it affects the land of another, that person is responsible for whatever repairs are required to make the injured party whole.
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10-10-2008, 10:55 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 4
| | | See the drawing below. Essentially the garage served as the center portion of the retaining wall. Since detached garages don't require the normal set back, it was very close to the property line. It must have been built before the wall
__Garage______
__Wall______________l l___Wall____________
Where the garage is, there is no retaining wall. The blocks from the wall to the garage is about 20". Now that there is no garage there no lateral support and the wall has moved about 1/4" away from my concrete slab. | |
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