Shared Garage & Intentional Damage by Neighbors, is a Property Lien Possible?

[pcar]

For the last year we’ve asked our neighbors to repair their side of a shared/joined garage foundation. All damage is contained to their side of the commonly deeded/shared 2 stall garage (each property owns 1 side) which sits on a steep hillside, with other properties below. Last summer the neighbors intentionally removed their side of the shared retaining wall in an attempt to replace their leaning wall. Their inability to complete repairs on their side of the retaining wall has left our, structurally sound side susceptible to collapse. They also did not post a permit for construction. We’ve had two separate foundation companies visit the site since to verify that the entire garage could collapse anytime. Since the neighbors listed their property for sale, and physically relocated, we’re concerned that they will not attend to the repairs. Can we legally ask a magistrate in PA (Allegheny County) small claims court to place a lien on the neighbors property until they make repairs? We found the Pennsylvania statutes online below and perhaps some could apply? We’d prefer not to file a lawsuit unless we have solid ground to stand upon. The lower of the two repair estimates was $13,500. Guidance appreciated.

 

[tranquility]

No. You don't get to determine the other party is at fault and to what amount they are at fault and then impose restrictions on their property for the amount you determined. That is for a court to decide. If you get a judgment, then you can start talking about liens and other remedies. There is a concept of a lis pendens where there is litigation pending and you record notice of that. But, I'd see an attorney first. There could be damages against you for slandering title if you do it wrong or under the wrong conditions.

 

[ecmst12]

I also don't think this is a criminal situation at all.

 

[pcar]

PA Title 33, Section 3302a/b, 3304a1/2/5 covers property damage.

What if the entire structure falls down the hillside into the homes below? We can't legally fix the neighbors side, so who would be responsible?

After reading chapter 33, the risk and negligence shown by the neighbor should be enough evidence for a magistrate, right??? But I’m not a attorney.

Advice appreciated.