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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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I allowed my neighbor to build a fence and a retaining wall

Resolved Question:

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.
Submitted: 4 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 4 years ago.

J.Hazelbaker :

Hello. Thank you for using Just

J.Hazelbaker :

Anwer

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Under Minnesota real property law, the party who installed the wall is responsible for maintenance and repair.

J.Hazelbaker :

This is particularly true is this instance because you gave permission for the wall to be installed on a portion of your property.

J.Hazelbaker :

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.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

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