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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46186
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I will try to be brief. I live in Woodland Hills, CA. House

Customer Question

I will try to be brief. I live in Woodland Hills, CA.
House next door now for sale. During the repairs to the house and yard clean up (large shrubs and bushes removed), a decorative 28' brick wall and columns dividing the two lots now exposed after 25 yrs., is in need of repair.
I spoke with the realtor to see if repair costs could be shared and was told "it is my wall on my property, does not want to share costs."
I returned home on Saturday and found 15' of the it removed. The realtor admitted they removed it "because it didn't look good for their Sunday open house"
It would have been cheaper for me, and better looking, to repair than replace. Are they responsible for replacement?
Do I need to hire a real estate attorney to represent me if they are responsible and refuse to replace?
thanks for your time,
John Vanderslice XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. The realtor is absolutely obligated for this. As the realtor specifically stated, this is your fence on your property. As such, the realtor had absolutely no right to remove any of the fence that belonged to you. If they refuse to pay you for this voluntarily, if the amount is $10,000 or less, you can file your claim in small claims court and would not need an attorney. If more, you would want to engage an attorney. You should let the realtor know that if the realtor doesn't pay for this, you will not only be filing suit against the realtor and the realtor's broker, but also filing a formal complaint with the state board of realtors. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.



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Customer: replied 1 year ago.

Are they still responsible, if by surveying the wall shares the exact property line (8" thick total, 4" on either side of line)?

Expert:  Richard replied 1 year ago.
Thanks for your reply. Yes, they are still responsible, because the property line has no dimension..rather it's the conceptual line where your property line ends and their property line begins. So, if the wall is right in the middle, part of it must have been on your property and thus the realtor had no legal right to remove it without your consent.
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46186
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 6 other Real Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

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