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Retaining Wall on Property Line

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ibcarolek

Junior Member
What is the name of your state?What is the name of your state? California
The retaining wall is failing, and I need to replace it. To do that, the new retaining wall would need to be built by accessing the neighbor's yard and placing the footing on his property, as he is downhill from us. This neighbor is not mentally stable nor well adjusted, and occassionally the neighbors commit him for the legal 3 days due to bizarre, threatening behaviour. He scares me -- but generally leaves us alone as long as there's no verbal or eye contact. What are our options for getting his permission? Can we just send a certified letter, and if unanswered, assume we have his permission? or must we get his written permission? If the wall fails because he don't approve, can we sue him as the land movement won't be covered by insurance? Any / all advice would be appreciated along with recommended phrases to use in the letter.
 


JETX

Senior Member
ibcarolek said:
What are our options for getting his permission?
You have to either get his permission... or a court order granting your access.

Can we just send a certified letter
Yes.

and if unanswered, assume we have his permission?
No.

or must we get his written permission?
Yes.

If the wall fails because he don't approve, can we sue him as the land movement won't be covered by insurance?
Of course you could sue, as anyone can sue almost anyone else over almost anything..... but you have no legal claim against him.
 

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