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Retaining Wall

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dlw329

Junior Member
What is the name of your state (only U.S. law)? Missouri
A neighbor is having a double retaining wall built. The 2nd wall encroached on our property by 3 ft 2 inches. When we first noticed the wall going up on our property, we informed the neighbor he was across our property line on our property. The building inspector will not pass the wall without a "permanent retaining wall easement" notarized, recorded agreement from us. Now they also said they need an additional 10 feet for easment to maintain, etc the wall.

The wall is not complete and construction was stopped when the inspector noticed the property owner did not have a variance to build the wall within 15 feet of the property line and now that it is over onto our property without the "permanent retaining wall easement" recorded. What happens if we do not sign this easement agreement? (They have not offered to pay just want us to sign it over to them.)

What are our rights? Can we tell them to take the wall off our property since they did not have permission to do this? Or can we just tear it down because it is on our property?

We don't want to be bad neighbors because we have plenty of room (2.5 acres) for them to build the wall, but we feel taken advantage and we do not want to sign away the land as a permanent easement.

Thanks for your help.What is the name of your state (only U.S. law)?
 



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