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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101440
Experience:  Lawyer
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I am in Oshawa, Ontario. At the rear of my property I have a

Customer Question

I am in Oshawa, Ontario. At the rear of my property I have a chain link fence. Pushing against the fence and in one place through the fence is a falling down, rotten out four food high retaining wall On the top of the retaining wall is a 8 foot fence. My property is flat. The retaining walls is there solely to support the leveling of the property in the back. The surveyor has just told me that the retaining wall is one my property. My neighbours are now demanding that I repair the wall, even though it is back-pinned into their property and straighten their leaning fence. They also have an in-ground swimming pool very close to the wall that will be compromised if the situation gets worse. The surveyors tell me that most likely the former owners of my property
JA: Estate laws vary by state. What state are you in?
Customer: Oshawa, Ontario
JA: What documents or supporting evidence do you have?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: The surveyors tell me that it is most likely that a former owner of my property erected the chain link fence and placed it well within the boundry lines. When the back owners decided to raise the level of their ground the just put their retaining wall close to my fence and on my property. Now that it is rotting they are expecting me to repair the wall. Do I have any way around this situation which is grossly unfair The remaining wall does absolutely nothing for me - only for the neighbours.
Submitted: 3 months ago.
Category: Canada Law
Expert:  Debra replied 3 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 3 months ago.

I am sorry to hear this.

Are you saying that the wall is fully on your property?

But is it that their property is pushing on it and damaged it?

Customer: replied 3 months ago.
The surveyors tell me the wall is fully on my property. Their earth is pushing against the wall and the wall is pushing against my chain link fence. Most of the problem I am sure is that the retaining wall is probably more than 30 years old and is ROTTEN. So now their soil is eroding through onto my property, their fence which is on the upper level (the neighbours' back yard is leaving towards my property and will fall soon. The retaining wall will fall. It is just a matter of a short time and the in-ground pool will definitely be compromised as it is close to the fence.
Expert:  Debra replied 3 months ago.

This is a complex issue.

The wall is yours and you are responsible for it.

But the yard above is theirs and they are responsible for that. They have to take all steps necessary to ensure no part of their yard falls on yours or hurts you or your property.

So they are right, that will is not their concern. But they will have to put up their own, on their property to ensure they don't harm you.

I suggest that you simply pay a lawyer to send them a letter to that effect and threaten a lawsuit. If necessary you will sue but I am hopeful that once they get that letter they will take it to a lawyer and the lawyer will suggest that they negotiate something with you.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 3 months ago.
I don't even want the #$&**( retaining wall. It does absolutely nothing for me and takes up my space.
Expert:  Debra replied 3 months ago.

Then they can be told you are removing it and they will be required to put their own up on their property.