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jamov

Junior Member
What is the name of your state (only U.S. law)? MASS

My neighbors own the rock retaining wall that separates our properties. Over the last few years I have discussed with them that it is in need of repair, several crack, some crumbling etc.
well, last month part of the wall collapsed into my yard. I wrote them a nice note about it since they never see this part of their property. they have not responded or made any repairs. this last weekend we had a huge rain storm and more of the wall has fallen into my yard and the rest of it has large cracks and missing stones.
besides being ugly, I have a 2 year old who wants to run around the yard, this wall is simply not safe, thus leaving the yard useless.
Can I make them repair and/or clean up the wall? and more importantly, in a timely fashion?What is the name of your state (only U.S. law)?
 


rowz

Member
Hi there.

Sorry to hear about this.
I think that I can offer some constructive advice.

While there is a possibility that the neighbor is acting on this, it is imperitive that you take the initiative and lay groundwork that will help you to move them to action on this matter.

First: TAKE PICTURES NOW!! Do not delay.

Second: Stop all verbal communication.

If you should see them continue to be neighborly, but do not engage in any substantive discussion on this matter.

Third: All future communications on this issue MUST & ONLY BE via Certified Mail with Return Receipt. Do not fail on this requirement.

You can and should send a copy of whatever you send via CM/RRR by Regular Mail & if that should get returned to you keep it and DO NOT open it.

Fourth: In the first round of mail keep the tone very friendly, recap the prior conversations that you has with them on the deteriorating wall, with dates & times of your talks, approx. dates are OK, such as Last October, just before the 4 th of July.

Ask them if they looked into this with their homeowners insurance

In the next paragraph, let them know about the recent developments, such as the first fall of the wall and the further damages that were done due to the recent storms.

THEN, start in with a line or two about your being unable to fully use your yard and the danger it poses to you & yours.

Wind it up with a demand for action.
Tell them " I would like you to let me know when and how you are going to clean up the debris".
Let them know [and keep all this as non threatening & polite as possible] that you wish to be present when the work on your property is to be done.

Close with a line like: I look forward to hearing from you no later than [March 31, 2010] so we can get this issue settled before the fine Spring weather arrives.
Pick a date that is 10 days from the date that you will be MAILING your letter.

You must begin this paper trail.

If they speak with you about it, follow up the chat with another letter...and YES always use Certified Mail w/RRR.

If you do not hear from them, then send a second letter referencing the first letter, this time much shorter and with a shorter time frame for action and a response.

Do not threaten legal action.

Try and get a free consultation with an attorney in your area. Ask if there is something special they would need if workmen have to enter your property.

While you are waiting for a reply, get an estimate or two to see how much $ this is going to cost. [you will need to much how much to file suit for]

If you do not get a satisfactory response then get thee to the courhouse and file a Small Claims suit.

Let us know how it goes.
 

Cedrus

Member
I assume that you know where the iron pipe boundary markers are located and hence, you know who "owns" the retaining wall.
 

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