retaining wall

[gomets75]

What is the name of your state (only U.S. law)? NY
I have a retaining wall that is 6" on my property. The wall is crumbling and I would like to take it down. The problem is that it holds up my neighbors property. The previous owner of the house started to take the wall down and found that it is tied into the neighbors foundation with rebar.What is the name of your state (only U.S. law)?

 

[justalayman]

is the wall also on the neighbors property?

Does it appear to have moved through the years?


any idea who originally built the wall?


Due to it being tied into the neighbors foundation, I would speculate that it is the neighbors wall and as such, they are liable for the repair of the wall. The other possibility is that it is a common wall and when it was built, both parties agreed tying it into the foundation was the best engineering solution they could come up with at the time. If it is a common wall, most likely both property owners would be liable for 1/2 the cost of repair of the wall.


If it is holding up the neighbors land, you cannot simple remove it as it would cause damage to the neighbor. Even if it were your wall, you would be able to simply remove the wall if it caused damages to your neighbor.