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encretinta

Junior Member
block wall, can I countersue for loss of property?

What is the name of your state?What is the name of your state?CA
Ten years ago we remodeled our home and at the same time we replaced a fence with a seventy-foot block wall on the property line between our neighbor's home. The property was first surveyed, a permit obtained, and a contract was signed with the neighbor to place the wall on the property line. Last year a new neighbor tore down the existing home and built a new one in its place. When he built the home he added eighteen inches of soil above the original, natural grade on the lot. In order to retain that soil he needed to add twenty feet of block wall. He came to us to ask if he could add on to the existing block wall on the propety line. We said yes and signed the contract that the city provided allowing for construction to take place on the property line. The neighbor did not complete the 20' x 6' wall that was specified in the contract, instead he built an 8' x 6' wall and 12' of eighteen inch curb. When the forms were in place we asked the construction workers not to place the curb on our property, we had not agreed to it. The owner was out of town, and the curbs were poured onto our property. Now months later, the neighbor has sued us for half of the wall (1,000.00). He is claiming that he and my husband had a verbal agreement, however, my husband insists that the only agreement made was to allow the neighbor to place the wall on the property line. I do not believe that we are resposible for half the payment of the wall since there was never any written agreement and it was his responsiblity to retain his soil due to his construction. Can we countersue for the property taken when they poured the curbs?
 
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S

seniorjudge

Guest
"... Can we countersue for the property taken when they poured the curbs?..."

Yes
 

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