Is uphill neighbor responsible for retaining wall?

[sarasf]

What is the name of your state? California

One side of my backyard is adjacent to the backyards of 3 neighbors. My yard is downhill and 2 of the 3 adjacent properties have retaining walls and fences in good condition. The retaining wall on the boundary with the 3rd property is old and leins and the fence is falling down. I say "on the boundary", but I can't tell where the actual boundary is. All of the retaining walls are on the same line and I know that at least one of the other two neighbors built their retaining wall. I don't know who built the falling retaining wall and fence. I am familar with Civil Code Section 841 and am going to approach the neighbor about sharing the cost of a new fence. I'm concerned about who is responsible for the retaining wall which is a much more expensive job. I saw another post here that appears to say the uphill neighbor is responsible for a retaining wall, but there was no authority cited. Is it true that the uphill neighbor is required to maintain a retaining wall? If so, a cite to a code or case would be apprecaited so I have some back up in my conversations and negotiations.

Thanks!

- Sara

 

[FarmerJ]

Sara If you take the time to have a survey done that shows where the wall is in relation to your lot line and learn that the wall is NOT on your property then if your city or county has a ordinance that would require the wall to be repaired or replaced the whole thing is out of your hands and the burden of the nieghbor .

 

[sarasf]

Thanks for your reply. I am working on getting a quote for a survey, but would like to avoid that expense, especially if I may be sharing the cost of replacing the wall. From the sound of a voicemail message, the owner of the other property sounds willing to split the cost, but before I talk with her, I wanted to see if I could find some negotiation leverage to get her to pay for more than half, if not all of the cost of the retaining wall. A statement by one poster of another thread implied that the uphill neighbor has a responsibility to keep their land from falling into the downhill property.

 

[seniorjudge]

Q: Is it true that the uphill neighbor is required to maintain a retaining wall?
A: No.

Q: A statement by one poster of another thread implied that the uphill neighbor has a responsibility to keep their land from falling into the downhill property.
A: Yes.