+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 18

Thread: retaining wall

  1. #1
    Slocum is offline Junior Member
    Join Date
    Feb 2010
    Posts
    7

    retaining wall

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

    I have a question about a retaining wall. The retaining wall is “holding back” our neighbors yard/land – in other words their backyard is higher up than ours is. Whose responsibility is the wall? I read somewhere that it is the responsibility of the uphill neighbor to keep their land from falling into the downhill or lower property – that the person responsible for a retaining wall is the one whose dirt is being retained. Is this true?
  2. #2
    JustAPal00 is offline Senior Member
    Join Date
    Jul 2007
    Posts
    1,864
    Have a survey done and see who's land the wall is on.
  3. #3
    Slocum is offline Junior Member
    Join Date
    Feb 2010
    Posts
    7
    Hi thanks for responding - we had a survey when we purchased the house - the wall is on their land.
  4. #4
    JustAPal00 is offline Senior Member
    Join Date
    Jul 2007
    Posts
    1,864
    How far? Is any of their land below the wall?
  5. #5
    drewguy is offline Member
    Join Date
    Mar 2008
    Posts
    731
    Who's benefitting from the wall? Is it giving him a flat yard or it giving your house a flat lot instead of backing up into a hillside?
  6. #6
    Slocum is offline Junior Member
    Join Date
    Feb 2010
    Posts
    7
    JustAPal00: none of their land is below the wall.
    drewguy: yes, it is giving him a flat yard since without the wall his yard would slope down into our backyard.

    look forward to y'alls responses......thanks!
  7. #7
    drewguy is offline Member
    Join Date
    Mar 2008
    Posts
    731
    Between the wall being on his land and it being for his benefit it seems likely the retaining wall is his responsibility. Of course, there may be other info that suggests the contrary . . .but without that there you are.
  8. #8
    Slocum is offline Junior Member
    Join Date
    Feb 2010
    Posts
    7
    When we bought our house, we were told by our realtor that the wall was our responsibility. The wall was made of railroad ties that were rotting terribly so we replaced it. Subsequently we discovered via our plat that the wall is on our neighbor’s land. We told them this and asked to be reimbursed for the replacement of the wall. But they have refused so we are suing them. How can we best legally argue our case? Thanks!
  9. #9
    drewguy is offline Member
    Join Date
    Mar 2008
    Posts
    731
    You're going to have to overcome the general rule that goods or services provided without agreement still must be paid for. Generally that requires the other party to have received some value (which seems to be the case) and to have knowingly accepted those goods or services, e.g., by watching your contractors build the wall and saying nothing. In this case, even if he was there watching you do the work he may be able to defend on the basis that he assumed the wall was your responsibility (as you assumed).

    Since you've already sued it's going to be difficult to extricate yourself amicably. But given your mistake in believing you were responsible, a reasonable proposal would have been to say "look, the wall was crumbling, but really it benefits you, even though we fixed it. How about we split the cost."
  10. #10
    Slocum is offline Junior Member
    Join Date
    Feb 2010
    Posts
    7
    you have been extremely helpful - thank you!!!!!!!
  11. #11
    Slocum is offline Junior Member
    Join Date
    Feb 2010
    Posts
    7
    can we use "unjust enrichment?"
  12. #12
    drewguy is offline Member
    Join Date
    Mar 2008
    Posts
    731
    Quote Originally Posted by Slocum View Post
    can we use "unjust enrichment?"
    That's what the theory I was discussing is called some places. But to show it was "unjust" you're going to have to show more than merely you paid for something that he benefitted from. I can't just send you a bottle of champagne and then sue you for the cost. Or come by and build you a garage and then demand payment. What makes it unjust is that the person knowingly accepted the service, and knew it wasn't intended for his benefit, but accepted it anyway. Even then you may not win. Here it's even tougher because it will be easy for him to say "I just thought he was repairing his wall, not mine." Keep in mind that the current owner may not be the one who installed the original wall--he may have bought the property from the person who did.
  13. #13
    JustAPal00 is offline Senior Member
    Join Date
    Jul 2007
    Posts
    1,864
    Quote Originally Posted by Slocum View Post
    When we bought our house, we were told by our realtor that the wall was our responsibility. The wall was made of railroad ties that were rotting terribly so we replaced it. Subsequently we discovered via our plat that the wall is on our neighbor’s land. We told them this and asked to be reimbursed for the replacement of the wall. But they have refused so we are suing them. How can we best legally argue our case? Thanks!
    Then it's his wall! Let him fix it.
  14. #14
    csi7 is offline Senior Member
    Join Date
    Dec 2009
    Posts
    1,034
    I would have your realtor give a detailed statement concerning the wall being your responsibility. The neighbor knew about the wall when they bought their property. I would find out if the current neighbors are the ones who put up the original wall.
  15. #15
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,916
    Quote Originally Posted by Slocum View Post
    When we bought our house, we were told by our realtor that the wall was our responsibility. The wall was made of railroad ties that were rotting terribly so we replaced it. Subsequently we discovered via our plat that the wall is on our neighbor’s land. We told them this and asked to be reimbursed for the replacement of the wall. But they have refused so we are suing them. How can we best legally argue our case? Thanks!
    **A: your Realtor is an idiot.

Similar Threads

  1. Retaining Wall
    By NYT77 in forum Neighbors & Boundaries
    Replies: 4
    Last Post: 03-30-2009, 07:21 PM
  2. retaining wall
    By beachlover in forum Neighbors & Boundaries
    Replies: 4
    Last Post: 04-14-2008, 07:06 AM
  3. Retaining Wall
    By Brenda Ferraro in forum Construction & Renovation
    Replies: 13
    Last Post: 11-13-2007, 10:58 AM
  4. town / city wants my rock wall / retaining wall replaced
    By dknyc1 in forum Other Real Estate Law Questions
    Replies: 3
    Last Post: 09-12-2006, 01:29 PM
  5. retaining wall
    By captchuck in forum Construction & Renovation
    Replies: 1
    Last Post: 06-06-2001, 01:01 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.