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?
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?