Can neighbor have wall removed?

[greyver]

What is the name of your state? Fort Worth, Texas

I recently bought a new house and wanted to add a brick wall to the border of the property. I talked to my neighbor (I'm on the edge so I only have one directly next to me) about it and they agreed to it so long as the wall was directly on the property line. So I hired a licensed land surveyor to come out and mark where the property lines were. I asked my neighbor which days would be most convenient for them. They asked to have the work done while they were on a trip two weeks later.

When they returned from their trip the wall was finished. They realized that the wall was so close to their narrow driveway that they could not use the handicap lift in their big van. So they effectively cannot use their driveway now. They are now demanding that I have the wall taken down as it has become and undue burden on them. They are also claiming they didn't know it would be so close to their driveway (even though it was clearly marked for over two weeks) and I didn't have written permission since they didn't sign anything. I'm realizing it was stupid of me to not have a written contract or something, but I do still have the text messages where they agreed to the wall on the property line so I wonder if that will count for anything.

 

[zddoodah]

A quick couple of questions before I venture an answer:

How thick is the wall? (As thick as a brick, perhaps! ) If, instead of straddling the property line, the wall were only on your property and right at the edge, how much additional room would that give the neighbor, and would that additional room allow the neighbors to use the handicap lift in their big van?

 

[adjusterjack]

I do still have the text messages where they agreed to the wall on the property line so I wonder if that will count for anything.

It might.

Photograph the messages and hand them a copy. "You approved this wall, it stays." Then wait and see what happens.

 

[adjusterjack]

As think as a brick, perhaps!

I wish I'd known that bricks could think. Imagine how many scintillating conversations I have missed by not talking to my wall.

Anyway, blocks that make up walls are generally 4 inches thick.

That's 2 inches on each side of the property line. I don't think moving it back 2 inches would make any difference in the use of the van's lift.

Besides, the cost to relocate the wall would be prohibitive and the OP would have to move it far enough from the property line to result in ceding part of the property to the neighbor.

And if they can't use the lift now, it means they were using it across the property line in the first place.

 

[greyver]

A quick couple of questions before I venture an answer:

How thick is the wall? (As think as a brick, perhaps! ) If, instead of straddling the property line, the wall were only on your property and right at the edge, how much additional room would that give the neighbor, and would that additional room allow the neighbors to use the handicap lift in their big van?

The wall is just under 4 inches thick. Just by eyeballing it I'd say my neighbors probably need the wall moved more than a foot to be able to use the lift in their driveway.

 

[STEPHAN]

Did you get a permit?

 

[greyver]

Did you get a permit?

No, I checked with the city beforehand and you only need a permit if it's over seven feet and mine is far below that.

 

[Zigner]

No, I checked with the city beforehand and you only need a permit if it's over seven feet and mine is far below that.

You built a wall, not a fence. Are you sure the requirement is the same?

 

[greyver]

Yes

 

[adjusterjack]

You built a wall, not a fence. Are you sure the requirement is the same?

The terms appear to be used interchangeably in the Ft Worth building codes.

§ 5.305 FENCES. (amlegal.com)

 

[Zigner]

The terms appear to be used interchangeably in the Ft Worth building codes.

§ 5.305 FENCES. (amlegal.com)

Thanks - I probably should have looked a bit harder.

 

[not2cleverRed]

The wall is just under 4 inches thick. Just by eyeballing it I'd say my neighbors probably need the wall moved more than a foot to be able to use the lift in their driveway.

Sounds like their driveway is excessively close to the property line.

 

[zddoodah]

I wish I'd known that bricks could think. Imagine how many scintillating conversations I have missed by not talking to my wall.

Ya know...I even went back to edit that, but it didn't stick. I now have done so. Sigh....

 

[zddoodah]

Just by eyeballing it I'd say my neighbors probably need the wall moved more than a foot to be able to use the lift in their driveway.

So...In order to use their lift, they need to access your property? I think what you're saying is that the wall could be entirely on your property, and they still wouldn't be able to do what they want. See where I'm going?

Are they just realizing that their consent to you building the wall wasn't a good idea from the start? Perhaps you need to sit down and point out to them that, if they make you take down the wall, you'll simply rebuild it right on the property line, so they'll only have an extra <2" of space. They agreed to the erection of the wall.* What did they think you were going to do?

* - Note that Texas is a one-party consent state for purposes of recording conversations.