We have a retaining wall between us & neighbors, who is responsible for upkeep? The higher or lower property?

Question

The wall was there before either of us moved in. The wall is actually as a result of the lower property that was landscaped to be flat. We are on the side of a mountain. The upper side property is sloping to wall, then wall is carved out to make lower property level. Who has to maintain the wall?

Answer 1

Assuming it is RIGHT on the line, I will say LOWER property. Besides, if what you say is true, then it is obvious that the wall was built by the guy who lived in the lower property, as it functions for the guy in the lower property.

Answer 2

Whoever built the wall would be responsible for it and then after that whoever bought the property that once belonged to the person who paid to have the wall built because they would be the owner of the wall - whether or not they still have the receipt for the work. If no one knows the answer to who built the wall and when - it's time to do some research and find out - see if there are any identifying marks on the wall that would tell you how old it is - who manufactured it. They might keep records of the purchase. You might ask the realtors who sold off the properties on either side in the past. Ask the previous owners if you can find them and get receipts to show who actually owns the wall. Ask neighbors who have been around for a long time.

Answer 3

It depends whose property? Who does the wall belong to? In other words, on which side of the property line is the wall, or is it square down the middle? The place to call first would be wherever you pay your poperty tax (they'll tell you where to call if it's not them) and tell them you need your property boudaries surveyed/checked. The county may offer a free surveying job to settle it.

Since you both benefit from it (they get a flat yard wthout your house sliding into it) maybe you could work out a way to split the cost. If that wall goes, you both suffer.

Answer 4

If the upper property doesn't have a vested interest, I'm a monkey's uncle. Most retaining walls are built to retain something. The person with the flat land doesn't need a retaining wall. Duh. If you don't look after it one way or other, you lose more (land) than your neighbor. I think this is the stupidest question I've heard. Look after the damn thing before your house falls into your neighbor's yard!

Also, when you buy your property, the lawyer that draws up the papers has to do a title search! You paid for it as part of the purchase. You should have the papers with your mortgage files. Look it up!

Answer 5

This is possibly a local law matter and dependent on where you are but ifthe fence in question is along the boundaryline of the two properties then both would be responsible. If the fence is on one or other side of the property then the person whose land it is would be resopnsible for the upkeep of the fence. Thats as i understand it - every fence i have ever had to replace has been the responsibility of both parties equally. If you have insurance you may be able to make a claim for your portion through them.

Answer 6

The lower level as the levelling out was done on their side of the wall.

Answer 7

call a survey crew. but the way it sounds it's not your problem if the wall was built for landscaping the lower property its their problem

Answer 8

It depends on where the property line is. I would advise getting a survey done on you property by a licensed professional to determine this.

Answer 9

I think you should try to work that out with your neighbor first, before trying to consult an attorney. Maybe y'all could come up with some sort of agreement.

Answer 10

You need to talk to an attorney. This is a legal question. Don't rely on all these "Joes" at Yahoo. The attorney will give the
CORRECT answer.