What is the name of your state? New York (Westchester country).
I have two questions:
Recently a 20 foot section of a 70 ft. x 10 ft. retaining wall that is clearly on my property (by 1.5 inches) collapsed. However, the only section that collapsed was the area near where my neighbor had 5 trees (5 in. to 10 in. in diamater) approximately 1 foot away from the wall. It is my belief that the tree roots significantly contributed to the failure of the wall.
1. Do I have any recourse against my neighbor for contributing to the wall collapse because 1) I could not access the roots without trespassing and 2) even if I could there was not enough room on my property to cut the roots due to the wall's proximity to the property line?
2. New York City building code [C26-75.0] 26-233 Maintenance and repair of protection fences and retaining walls states - Unless otherwise provided by special agreement between them, the owners of adjoining properties shall be responsible jointly for the proper maintenance and repair of partition fences and retaining walls dividing their properties; and each such owner shall be responsible for one-half of the costs of maintaining and repairing such fences and retaining walls...
Since previous posts on this forum are clear with respect to ownership and responsibility of retaining walls, does anyone have any comment on this citation? Also, could anyone help point me in the direction of how I would go about looking for a similar New York state rule or regulation?
Thanks for your advice.
I have two questions:
Recently a 20 foot section of a 70 ft. x 10 ft. retaining wall that is clearly on my property (by 1.5 inches) collapsed. However, the only section that collapsed was the area near where my neighbor had 5 trees (5 in. to 10 in. in diamater) approximately 1 foot away from the wall. It is my belief that the tree roots significantly contributed to the failure of the wall.
1. Do I have any recourse against my neighbor for contributing to the wall collapse because 1) I could not access the roots without trespassing and 2) even if I could there was not enough room on my property to cut the roots due to the wall's proximity to the property line?
2. New York City building code [C26-75.0] 26-233 Maintenance and repair of protection fences and retaining walls states - Unless otherwise provided by special agreement between them, the owners of adjoining properties shall be responsible jointly for the proper maintenance and repair of partition fences and retaining walls dividing their properties; and each such owner shall be responsible for one-half of the costs of maintaining and repairing such fences and retaining walls...
Since previous posts on this forum are clear with respect to ownership and responsibility of retaining walls, does anyone have any comment on this citation? Also, could anyone help point me in the direction of how I would go about looking for a similar New York state rule or regulation?
Thanks for your advice.