Can you please tell us who is legally responsible for removing a wall that is in violation of a city code, the neighbor
that installed it thinking it was on their property or us the recent buyers of the adjoining property?
* The neighbor built the wall several years ago believing it was on the property line, however it is completely on our Lot. In some cases as much as 8 feet over.
* We purchased the property in Nov 2015, flooded Jan 2016.
* The wall became an issue due to 100% flooding of our property 4-8" of water surrounded our house and was not able to drain quickly due to the neighbors wall.
* The City did an official survey
* The wall is built over a city flood drain easement
, based on the survey, the city shows the entire easement is on property that belongs to us but they also stated we can not block it by any structure that would prevent drainage
to a city drain at the back of property, hence the requirement of the wall removal.
* Before we got the city involved we asked the neighbor to allow us to put drainage holes through the wall to the back drain but they refused claiming it was installed by them.
* The City sent notices to both ourselves and the neighbor saying the wall had to be removed along with copies of the survey and they marked off the easement. The City states if the wall is not removed it will be removed by the city at our expense.
* The neighbor is now saying the wall is on our property, it's our problem.
We just want to know who is legally liable for the wall removal?
Thank you, ***** *****