Will be going into mediation tonight after talking to my neighbor about going 50/50 on installing a new concrete retaining wall since the old retaining wall is falling apart. As to the reason we should go 50/50 is because he has planted many trees close to the fence which is on top of the retaining wall and the roots are pushing the reating wall down. Please advise of a book or people I can call to get this resolved.
2006-06-14 03:05:05 · 3 answers · asked by alicia 1 in Home & Garden ➔ Maintenance & Repairs
The neigbors put the trees up for "privacy" since I have a 2 story home and they think we will want to spend our time looking into their property. Although we are only there at nights and weekends. I see no reason for the trees and since I have too many other issues of my own to be worried about them.
2006-06-14 07:20:34 · update #1
If the retaining wall is on your neighbors property, it is his responsibility to maintain properly. If the retaining wall fails resulting to damage to your property, you can sue him for damages based on his negligence in maintaining the wall.
Consult your family attorney for advice in this situation before you enter into an agreement with your neighbor to fix the wall.
Good luck with your situation.
2006-06-20 04:32:09 · answer #1 · answered by exbuilder 7 · 9⤊ 1⤋
You can do a lot of research yourself by going to Google and typing in key words like CA Civil Code, Real Estate, trees and retaining wall.
I think that, in CA, if a tree is on one person's property and the roots are on another person's property, person 2 can't do much about the roots. It is just nature and, in most cases, you may have to live with it.
The retaining wall is another matter. If it is necessary for the integrity of a bank or stream, you could research the law and perhaps go into small claims court. The minimum you can litigate for is much higher than it used to be.
The best course is to get advise from a Real Estate attorney. Buy that will end up being big bucks if you can't resolve it. Better to mediate it if you can.
Regarding the trees, it is good that you are not worried about them because, so long as they are not planted on your property, they are not your concern. The neighbors can plant what they want to - just as you can. The law is the same for both of you.
2006-06-15 19:10:39 · answer #2 · answered by SKY 1 · 0⤊ 0⤋
You need to get a real estate lawyer and stop talking to your neighbor.
If your neighbor says that they were improving their property with the planting of those trees, a solution to erosion, they do not need to go in 50/50 with your part of the wall.
2006-06-14 05:43:42 · answer #3 · answered by murkglider 5 · 0⤊ 0⤋