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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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There was a common wall partition between my property and my

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There was a common wall partition between my property and my neighbor. The wall was made of cinder block and over the years Ivy on my side overgrew. Gusty winds blew the ivy over onto my property and it took the top decorative row off. I tried to repair but the decorative cinder block is no longer made. My neighbor said she would find a place that makes them and she agreed to pay for half. She never got back to me. I have sold the house in February of 2103 and now she is now chasing me to repair the wall. I sold the house as is to new owners under a short sale. I offered to pay for half but she now says no that i have to bear the full costs. I have gotten estimates to repair the wall and and the contractors tell me the ivy was not really the problem but the wall itself was not maintained due to instability from the foundation from a ground fault line causing cracks in the wall and he pointed out that all the properties have the same issue along the same areas.
Since I no longer own the property am i still liable? if so do I have to pay full amount? initial incident occurred over 2 years ago.

Thank you for your question.

Where there is a shared wall, it is correct that maintenance issues are the joint responsibility of the property owners unless there is negligence on one party's side.

In your case, it sounds like your neighbor could make the claim that your failure to maintain the Ivy was negligent and therefore you would be solely responsible for the damages.

However, you have proof against that claim. Further, since the damage occurred more than 2 years ago, the statute of limitations bars a legal claim against you.

So, in the end, you are not going to be liable for any claim.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
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