Can I move a retaining wall that's on my land?

[jbella]

What is the name of your state (only U.S. law)? New York

I have an area on my property that has a retaining wall made from ugly concrete blocks that don't even match. The retaining wall is only about a foot or so tall. It's located along side my garage. My property width is between 5 to 6 feet (it narrows). There is about a 3 foot walking path, then the bricks are there and the elevated land is 2 to 3 feet wider. The neighbor is putting up a wood fence down the property line. It's going to look horrible from my side; there's a lot going on out there because the properties were joined at one time by two relatives. Just by my garage is this makeshift retaining wall that I'm having an issue with at the moment. I want to remove the blocks, minimize the mess, and level my foot path so I have enough room to move my equipment behind my garage (it's too narrow right now). Am I allowed to do this since the blocks are on my land?

 

[quincy]

What is the name of your state (only U.S. law)? New York

I have an area on my property that has a retaining wall made from ugly concrete blocks that don't even match. The retaining wall is only about a foot or so tall. It's located along side my garage. My property width is between 5 to 6 feet (it narrows). There is about a 3 foot walking path, then the bricks are there and the elevated land is 2 to 3 feet wider. The neighbor is putting up a wood fence down the property line. It's going to look horrible from my side; there's a lot going on out there because the properties were joined at one time by two relatives. Just by my garage is this makeshift retaining wall that I'm having an issue with at the moment. I want to remove the blocks, minimize the mess, and level my foot path so I have enough room to move my equipment behind my garage (it's too narrow right now). Am I allowed to do this since the blocks are on my land?

For what reason was the retaining wall originally constructed?

Altering your property by removing the wall could lead to an erosion that affects both your property and the neighbor's property.

 

[xylene]

Consult your permitting office.

 

[jbella]

For what reason was the retaining wall originally constructed?

The neighbor has a huge vegetable garden there. It's up a little higher (about a foot) so maybe that was why. My house was here first so they didn't level the back of his property when they built it I suppose. Then right next to the garden is an elaborate concrete walkway (leading from my property into there yard). The walkway is also a grape arbor. Then next to it they put in a large planting bed (the length of the walkway) with trees and shrubs that had professional stone placed in it. So, he's going to fence right over the top of all of this and I'm going to be left with all these little end-caps of prior structures. The property was subdivided after one of the owners died but they wouldn't allow them to move the property line any closer to mine so they couldn't keep everything on their land.

So what the heck do I do about this? I'm very frustrated. We both just moved in to our houses not too long ago and that area has looked horrible and now it's going to look even worse! It doesn't seem like I should have to be responsible for retaining someone's land and essentially losing two feet of my property. But reasonable and the law aren't always the same. Any suggestions?

 

[quincy]

For what reason was the retaining wall originally constructed?

The neighbor has a huge vegetable garden there. It's up a little higher (about a foot) so maybe that was why. My house was here first so they didn't level the back of his property when they built it I suppose. Then right next to the garden is an elaborate concrete walkway (leading from my property into there yard). The walkway is also a grape arbor. Then next to it they put in a large planting bed (the length of the walkway) with trees and shrubs that had professional stone placed in it. So, he's going to fence right over the top of all of this and I'm going to be left with all these little end-caps of prior structures. The property was subdivided after one of the owners died but they wouldn't allow them to move the property line any closer to mine so they couldn't keep everything on their land.

So what the heck do I do about this? I'm very frustrated. We both just moved in to our houses not too long ago and that area has looked horrible and now it's going to look even worse! It doesn't seem like I should have to be responsible for retaining someone's land and essentially losing two feet of my property. But reasonable and the law aren't always the same. Any suggestions?

You can have a professional inspect your property to assess what damage to your property and your neighbor's property can result from the removal of the retaining wall.

I suspect you will find a land-shift that has your neighbor's garden sliding onto your property after a few rains - and the neighbor filing a possible lawsuit if this happens.

You could have a landscape architect offer you suggestions on how to best disguise any ugliness on your side of the new fence, too.

 

[jbella]

You can have a professional inspect your property to assess what damage to your property and your neighbor's property can result from the removal of the retaining wall.

I suspect you will find a land-shift that has your neighbor's garden sliding onto your property after a few rains - and the neighbor filing a possible lawsuit if this happens.

You could have a landscape architect offer you suggestions on how to best disguise any ugliness on your side of the new fence, too.

You know, I just went out to measure the "wall" and it's really only 6 to 8 inches - I think the bricks were put down sideways. This is a lot of expense for me. Would it be okay to just move the bricks next to the fence line to get them out of the way? The soil does already spill over them so maybe it would cover them up and they would at least be out of my way.

 

[quincy]

You know, I just went out to measure the "wall" and it's really only 6 to 8 inches - I think the bricks were put down sideways. This is a lot of expense for me. Would it be okay to just move the bricks next to the fence line to get them out of the way? The soil does already spill over them so maybe it would cover them up and they would at least be out of my way.

I cannot advise that you move the retaining wall.

You will want to find a professional in your area who can personally look at the wall and what it is designed to "retain," and to assess what damages can be caused to the properties by the removal or moving of the wall.

 

[jbella]

I cannot advise that you move the retaining wall.

You will want to find a professional in your area who can personally look at the wall and what it is designed to "retain," and to assess what damages can be caused to the properties by the removal or moving of the wall.

Okay, thank you. I appreciate all of your input. I'll have someone come to take a look for me.

 

[quincy]

Okay, thank you. I appreciate all of your input. I'll have someone come to take a look for me.

Sounds good. Good luck.

And thanks for the thanks. They are appreciated.