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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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How is it defined whom is reasponsible for 'retaining walls' on a property. We l

Customer Question

How is it defined whom is reasponsible for 'retaining walls' on a property. We live in an older neighbourhood. The retaining wall gave way up hill of us spilling into our property. It was found that the previous uphill nieghbour had this built and in 1ft into our property line. It is all of the neighbours understanding that we are responsible for the retaining wall that maintains our property within its bounds...please advise
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
If the wall or fence is on the property line you are both responsible. If the wall is within your own property then you are responsible. But if the neighbour put their wall on your property then they have to move it back to their own property as they cannot build a wall on your property at any time so the new owner would be liable for moving the wall back.

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