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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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We have a retaining wall close to the edge of our property

Customer Question

We have a retaining wall close to the edge of our property (nearly on the property line, but on our side); we are the lower property (wall holding up neighbours' land) and although it is very hold and hard to figure out, we suspect that the wall was built to allow excavation for our property. So this makes it our responsibility.
The wall has fallen into disrepair. However: the neighbours have attached it to their house partway along, with concrete (to stop water from getting into their foundation); and they have also planted a tree very close to the wall and the wall is crumbling mainly adjacent to the tree (so perhaps being affected by the roots).
We asked the neighbour to contribute to repairing the wall and they clearly said no, because the wall is on our land. They also said that they don't want us to do anything that will damage the tree (the one that is damaging the wall, we think)....nor their garden.
Yet, a contractor told us he can't fix the wall without going onto their property and removing or at least significantly damaging the garden and tree...
Where do we stand here, legally? If we take on all of the repair expenses, do we have to somehow do the repair without going on their property? They are annoyed about the wall crumbling (as are we), because some soil from their garden is slowly eroding into our driveway...yet we feel paralyzed. Don't want a bit fight. This worry has been going on for a few years (we were kind of hoping they'd sell and more reasonable people would move in, who would at least allow us to do the work even if their tree can't be saved)...
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Thank you for requesting me. What city do you live in ?