who is responsible?

[SBTSCOTT]

What is the name of your state? california

I recently had a boundary survey done on the northern side of my property for the purpose of learning whether or not a long standing and crumbling masonry wall belongs to myself or my neighbor. The wall was built many years ago without rebar. It is one foot high on one side and then gets taller as the neighbors property progressively gets a bit higher in elevation than my own. I have lived in this house four years now and have wanted to build a privacy wall in my yard. The survey I just had done shows the wall is almost entirely on the neighbors property except a small part of the lower portion that has moved, I am guessing because the roots from the neighbors sprawling and neglected plant life moved it. Also, the top part of the wall leans and has even crumbled down in some areas past my property line and onto my property. On top of this wall they have a fence which sits at their own ground level and also bulges slightly onto my property in some areas. We live on a hillside. I would like to build my own wall, however the neighbors wall intrudes into my property and I do not want to lose space. I have asked them to fix it, but they are mostly neglectful. The city issued them an order to fix this wall which also continues around the backside of thier property. They complied to half the order and fixed the backside, but not the part between our property's. When the man from the city returned he did not check this part and signed them off. Now there is still the problem of the wall crumbling onto my property. I would like to build my own wall at my property line, but there "stuff" is in the way. Before I did a survey that showed the wall to be on the neighbors property the city did issue me an order to comply that asks me to remove and replace this wall. However If I remove any of it I might damage there fence which is sitting on the wall, as well as what is left of the wall. My question is what are my legal rights here and how do I find my way through this cynder block mess and onto building my own wall on my property line without losing any of my property?

best,
sharon

 

[pojo2]

Go back to the city and have them come out again.

 

[justalayman]

,,,,,,,,with you there with survey in hand and the markers in the ground painted nicely.

 

[SBTSCOTT]

the city has said this is now a civil matter because one side of this wall faces my property. So now what do I do? what is the law in regards to this matter?

 

[seniorjudge]

the city has said this is now a civil matter because one side of this wall faces my property. So now what do I do? what is the law in regards to this matter?

Get a lawyer and sue them for trespassing.

 

[justalayman]

the city has said this is now a civil matter because one side of this wall faces my property. So now what do I do? what is the law in regards to this matter?

You said the city ordered you to clean it up.
Although this is still a civil matter, it is you against the city, not you against the neighbor.

So how can they refuse to look at evidence they are citing the wrong party? This part actually has nothing to do with the neighbor other than he owns the fence the city wants you to remove. You need to prove this to them so they can cite the correct party and require him to do what they originally ordered you to do.

You cannot remove the neighbors wall if it is on his property but you can do what SJ suggested in regards to the "stuff" that is falling onto your side of the property line.

 

[treelover]

Did you ask them nicely if you could, at your expense, demo the falling wall (per the city's request) and that you would be willing to take the responsibility of rebuilding a nice common wall (perhaps using part of their property too) I will bet the problem is $$$ and who will pay... If you are willing to pay for a survey and new wall on your property... why not offer to demo and rebuild using their property? (I live in a similar situation to your neighbors and I have a whining wall neighbor like you but she is cheap and will only pay for a survey and lawyers not the 1k to fix the wall that is holding the hillside of her property)