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Collapsed Retaining Wall - NY

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niallcarolan

Junior Member
My home is built on a slope. A large retaining wall which retains my neighbor’s garden has recently collapsed. The wall borders my property and the properties of two other neighbors.

It is quite clear that the wall was originally built for the sole purpose of retaining my neighbor’s garden which gives him a raised/level lawn. I have visited the building department and the surveys for all the properties differ – the survey for my property shows the portion of the wall which borders my property to be on my side of the property line. However, I do not feel that wall is mine or my responsibility to rebuild.

My arguments are as follows:

1. The wall was built as part of my neighbor’s house when my neighbor house was originally built
2. The wall has moved over the years because of the weight of dirt it retains (it was poorly constructed with no weep holes or drainage)
3. The purpose of the wall is to retain my neighbor’s dirt, giving him a level lawn
4. The wall serves no functional or cosmetic purpose for my property

Is it my neighbor’s responsibility to rebuild the wall?

Can I take the stance of telling my neighbor they must take steps necessary to ensure there is no further collapse of his dirt onto my property and control the flow of storm water from their property onto mine?
 


154NH773

Senior Member
the surveys for all the properties differ
I would start with a new survey with corner pins and exact location of the wall. Without the survey, everything is just speculation. Your argument and stance do seem reasonable, but I'll let others advise you on that issue.
 

justalayman

Senior Member
just a different perspective but how do you know the wall was not needed as a result of that section of your lot being cut down to give you a level lawn? If you had a hill right there and the original builder wanted to provide more level lawn area for your house, it would make sense they had to build the retaining wall to support the neighbors dirt only due to carving out your side for a more level lawn.

obviously I cannot see the area and your reasoning may make more sense. I have no way of knowing.


you might want to look into building permits for you and the neighbor to determine who did actually build the wall.

and a really big question: have you spoken to your neighbor about this and what was their position?
 

drewguy

Member
Your position seems reasonable, but different facts as justalayman says could change that.

Is the neighbor insisting that you pay?

One thing to keep in mind--since you're on the downside of the wall, I assume you have to look at it. It may be in your interest to help out somewhat to make sure they don't rebuild with cement blocks or something uglier.
 

Kiawah

Senior Member
Maybe the splitting of the cost to rebuild benefits both neighbors, keeps it out of courts, and avoids both having to spend legal fees.
 

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