I allowed my neighbor to build a fence and a retaining wall on my property about twenty years ago. He had the area surveyed at that time and it was determined that he was about five feet on my property. The new fence was installed where the old one was. Now we are having a disagreement on who should replace the deterioted retaining wall.
Country relating to Question: United States
State (if USA): Minnesota
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Under Minnesota real property law, the party who installed the wall is responsible for maintenance and repair.
This is particularly true is this instance because you gave permission for the wall to be installed on a portion of your property.
The neighbor was responsible for material choice and installation. You gave permission for him to use a portion of your property. That permission, while it can be revoked, was for his use. He is responsible for that "use". Not you.
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Attorney and small business owner with 10 years experience in the general practice of law.
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