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Who has responsibility for house wall sitting on property line?

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SFLou

Junior Member
What is the name of your state (only U.S. law)? CA
The back wall of a neighbor's house sits on the property line between our properties -- The back wall of this neighbor's house abuts a portion of our backyard. The wall of the house has peeling paint, is in disrepair, and has a crumbling drain that comes down from the neighbor's roof. In addition, this back wall has a window that "opens" on to our backyard (the wiindow is a sliding window).
We are wondering what are our rights/obligations with respect to this neighbor's house wall. If we want it repaired, do we need to share the cost? is it his responsibility since it is a part of his house?

Note, the wall looks to be at least 25 year's old. There were no disclosures about asbestos and/or lead paint with this wall when we purchased the house, but I would guess the crumbling wall is a health hazard.

thanks.
 


justalayman

Senior Member
I see no reason you would be liable to maintain the neighbors house. I do wonder if he has an easement that allows him to access that portion of his house so he can maintain it.
 

Cedrus

Member
Your last sentence confuses me. ".....with this wall when we purchased the house,......"

Did you mean you had the neighbor's back wall inspected?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA
The back wall of a neighbor's house sits on the property line between our properties -- The back wall of this neighbor's house abuts a portion of our backyard. The wall of the house has peeling paint, is in disrepair, and has a crumbling drain that comes down from the neighbor's roof. In addition, this back wall has a window that "opens" on to our backyard (the wiindow is a sliding window).
We are wondering what are our rights/obligations with respect to this neighbor's house wall. If we want it repaired, do we need to share the cost? is it his responsibility since it is a part of his house?

Note, the wall looks to be at least 25 year's old. There were no disclosures about asbestos and/or lead paint with this wall when we purchased the house, but I would guess the crumbling wall is a health hazard.

thanks.
Are you talking about a boundry wall...similar to a fence, or are you talking about the actual wall of their home that sits on the property line? If you are talking about the actual wall of their home, with a doorway that could access your property I would suggest that you get a consult with a local real estate attorney...and you probably should have done that prior to purchasing the property.
 

justalayman

Senior Member
Your last sentence confuses me. ".....with this wall when we purchased the house,......"

Did you mean you had the neighbor's back wall inspected?
if the neighbor doesn't have an easement on your property to be able to access their house, you could actually prevent them from being able to maintain their house. If they have an easement, you need to be sure to honor it, whatever it says.
 

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