LIABILITY FOR LEAKY RETAINING WALL?

[GINADALE]

Need Advise!! We have lived in our home 3 years. Bordering our back property on the other side of the retaining wall was a parking lot to the home finding center for the neighboring sub-division. Recently the center closed, the parking lot was torn out, the property line was lowered about 4 feet below our property line and homes were built. Our new neighbor is complaining that the retaining wall that borders our properties leaks. Their home (of course) sits down below our property due to the fact that their builder dug out around the wall on their side. The neighbots feel is is our responsibility to have the wall fixed so as not to leak. It did not leak prior to their builder digging out around the wall. Who is responsible for the leaky wall??

[This message has been edited by GINADALE (edited October 14, 2000).]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by GINADALE:
NEED ADVISE!! WE HAVE LIVED IN OUR HOME 3 YEARS. BORDERING OUR BACK PROPERTY ON THE OTHER SIDE OF THE RETAINING WALL WAS A PARKING LOT TO THE HOME FINDING CENTER FOR THE NEIGHBORING SUB-DIVISION. RECENTLY THE CENTER CLOSED, THE PARKING LOT WAS TORN OUT, THE PROPERTY LINE WAS LOWERED ABOUT 4 FEET BELOW OUR PROPERTY LINE AND HOMES WERE BUILT. OUR NEW NEIGHBOR IS COMPLAINING THAT THE RETAINING WALL THAT BORDERS OUR PROPERTIES LEAKS. THEIR HOME(OF COURSE) SITS DOWN BELOW OUR PROPERTY DUE TO THE FACT THAT THEIR BUILDER DUG OUT AROUND THE WALL ON THEIR SIDE. THE NEIGHBORS FEEL IT IS OUR RESPONSIBILITY TO HAVE THE WALL FIXED SO AS NOT TO LEAK. IT DID NOT LEAK PRIOR TO THEIR BUILDER DIGGING OUT AROUND THE WALL. WHO IS RESPONSIBLE FOR THIS LEAKY WALL?? <HR></BLOCKQUOTE>

please repost in lower case.

[This message has been edited by HomeGuru (edited October 14, 2000).]

 

[Tracey]

You didn't hire the contractor who did the work, so you shouldn't be responsible. Also, the retaining wall should be entirely on their property. They should sue the builder. Offer to testify on their behalf if they need you to. This might turn you from their oopponent to a member of their team. You probably don't have anything significant that you could testify about, but it refocuses their attention on the builder.

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