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Retaining wall/property line issue

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spyros

Junior Member
What is the name of your state? California
My neighbor tore his house down and started construction on a new house. He has excavated his property to a level of aproximately 15 feet deep. This left a "cliff" that ran about half of the length of the border between our two houses. He has now built a retaining wall on the property line which prevents the earth on my property from falling into his yard. According to the survey that i had done, the edge of this wall is literaly on the property line. He never asked for my permission to put this wall on the property line. Legally, is he allowed to build a cinderblock wall that touches the property line or is a setback required? Also, part of my wood deck, which was built 2o years ago, was about 3 inches over the line in one spot. His workers "trimmed" my deck in order to put the retaining wall in. Was this within their rights? Also, this excavation has destroyed the wooden fence that runs the length of the property above where the new retaining wall stops. A new fence is required and he is asking for me to bear the cost of this fence. I want to be a good and cooperative neighbor. However, My wife and i have endured this construction for close to two years, and we feel that we are being taken advantage of. Any suggestions would be appreciated . Thank you
 


John Se

Member
Sounds OK to me

sounds OK to me, You need to establish friendly and diplomatic relations. Construction takes time alot of it these days.
 

HomeGuru

Senior Member
spyros said:
What is the name of your state? California
My neighbor tore his house down and started construction on a new house. He has excavated his property to a level of aproximately 15 feet deep. This left a "cliff" that ran about half of the length of the border between our two houses. He has now built a retaining wall on the property line which prevents the earth on my property from falling into his yard. According to the survey that i had done, the edge of this wall is literaly on the property line. He never asked for my permission to put this wall on the property line. Legally, is he allowed to build a cinderblock wall that touches the property line or is a setback required?

**A: generally, a retaining wall is allowed to be built right on or immediately next to the property line of the subject property. Contact the building department that issued the wall building permit.
**********
Also, part of my wood deck, which was built 2o years ago, was about 3 inches over the line in one spot. His workers "trimmed" my deck in order to put the retaining wall in. Was this within their rights?

**A: yes, since the portion of your deck was encroaching on the neighbor's property.
**********
Also, this excavation has destroyed the wooden fence that runs the length of the property above where the new retaining wall stops. A new fence is required and he is asking for me to bear the cost of this fence. I want to be a good and cooperative neighbor. However, My wife and i have endured this construction for close to two years, and we feel that we are being taken advantage of. Any suggestions would be appreciated . Thank you
**A: negotiate.
 

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