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lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
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What are the repercussions of not repairing a retaining wall

Resolved Question:

What are the repercussions of not repairing a retaining wall that was built on top of a recorded sewer lime easement back to its originality. The party claims they were not aware of the easement. Repaiing the wall will be very costly.
Submitted: 5 years ago.
Category: Legal
Expert:  lwpat replied 5 years ago.
Thank you for your question and for using JA.

I assume that you have the rights to the easement and the wall is in the way of repairs to the line?
Customer: replied 5 years ago.
Yes I am the developer that is proviing a sewer main extension to one of the homes in our subdivision. The extension has to be engineered and approved by both the DNR and the sewer company in charge of our treatment plant.
Expert:  lwpat replied 5 years ago.
Since it is a recorded easement, it does not matter whether the property owner "knew" or not. That is the entire purpose of recording, to give notice and as far as the law is concerned he did have notice and the wall is a "burden" on the easement. You can remove the wall and you are not responsible for repairing the wall. Another option may be to install a bore under the wall but the owner of the wall would be responsible for the additional expense.
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