O
oaktowngrrl
Guest
What is the name of your state? California
From what I have read on other postings, the person responsible for a retaining wall is the one whose dirt is being retained. Also, that a property owner must give access to a neighbor to make necessary repairs to a retaining wall. After reading below, I would like to know if it is my neighbor's responsibility to build a wall to hold back his property, which will be exposed after I remove the dirt, etc. that he dumped over on my side? Is there any liability on my part if I remove the dirt on my side down to my original ground level and some of his property erodes?
An ancient rock retaining wall, probably built in the '30s was slowing moving and tilting til it reached a 45 degree angle over my yard. This wall may have been a common retaining wall as there is a common garage wall between my property and that of a neighbor's. The garages are built into a hillside with the retaining wall above garage roof level, holding back dirt from the neighbor's yard. When some of the rocks started to fall as well as dirt draining out onto my garage roof, the neighbor somewhat repaired it by packing concrete around it. Last year, he built on top of his side of the garage (though not without first encroaching and had to move his wall over), and said he didn't want to do anything about the retaining wall until he finished his project. Two weeks after the neighbor saw me leave with suitcases, I returned to find that he had broken down the wall, lined the top of my back garage wall with the rocks and filled up the hill behind my garage with dirt from his project and property. He then told me that I had to build a retaining wall. (He also dug out some of my property as well as cut back limbs on my trees well within my property line.) I wrote him a letter stating that he was to remove all the dirt, construction debris, and rocks and restore my property to its original condition. He refused to sign for the certified letter, but I delivered the letter to him anyway. He has done nothing and I am currently getting bids to have the work done, as I don't want the rocks and dirt falling down on my garage roof. I am assuming that a new retaining wall is his responsibility; and that I must allow him to "trespass" on my property in order to build it. Is this correct?
Thanks to all for your suggestions and expertise!
From what I have read on other postings, the person responsible for a retaining wall is the one whose dirt is being retained. Also, that a property owner must give access to a neighbor to make necessary repairs to a retaining wall. After reading below, I would like to know if it is my neighbor's responsibility to build a wall to hold back his property, which will be exposed after I remove the dirt, etc. that he dumped over on my side? Is there any liability on my part if I remove the dirt on my side down to my original ground level and some of his property erodes?
An ancient rock retaining wall, probably built in the '30s was slowing moving and tilting til it reached a 45 degree angle over my yard. This wall may have been a common retaining wall as there is a common garage wall between my property and that of a neighbor's. The garages are built into a hillside with the retaining wall above garage roof level, holding back dirt from the neighbor's yard. When some of the rocks started to fall as well as dirt draining out onto my garage roof, the neighbor somewhat repaired it by packing concrete around it. Last year, he built on top of his side of the garage (though not without first encroaching and had to move his wall over), and said he didn't want to do anything about the retaining wall until he finished his project. Two weeks after the neighbor saw me leave with suitcases, I returned to find that he had broken down the wall, lined the top of my back garage wall with the rocks and filled up the hill behind my garage with dirt from his project and property. He then told me that I had to build a retaining wall. (He also dug out some of my property as well as cut back limbs on my trees well within my property line.) I wrote him a letter stating that he was to remove all the dirt, construction debris, and rocks and restore my property to its original condition. He refused to sign for the certified letter, but I delivered the letter to him anyway. He has done nothing and I am currently getting bids to have the work done, as I don't want the rocks and dirt falling down on my garage roof. I am assuming that a new retaining wall is his responsibility; and that I must allow him to "trespass" on my property in order to build it. Is this correct?
Thanks to all for your suggestions and expertise!