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I have a retaining wall that holds up one side of my front…

I have a retaining...

I have a retaining wall that holds up one side of my front yard and borders my neighbors driveway. We share a property line that runs thru it and the neighbors claim they own it and all the plants in it. Recently they crashed into it and partially destroyed it. They have threatened to remove the wall which would cause significant damage to my yard and fence. Do I have any legal claim to the wall or can my crazy neighbors do whatever they want with that side of my property? Please help. Sarah

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No. I'm waiting to see what my legal rights are. I would like to sue them for the rights to maintain it and for privacy.

Lawyer's Assistant: Where is the property located?

731 E Oklahoma Ave, Milwaukee, WI 53207

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so. Thanks

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Answered in 5 minutes by:
3/25/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,293
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks very much for your patience. I'm sorry to hear about your situation.

This appears to be a trespass to land if they have destroyed it. You may need some evidence from a survey to prove that it is yours; however, if you can, then you have a cause of action. Trespass to land occurs when someone enters onto the land of another. They do not have to intend to enter onto the land, they just have to be on the land of another without authorization. A person is not a trespasser if they were invited onto the land (e.g. houseguest) or if they are contractually obligated to be on the land (e.g. an employee at the corporate office). Otherwise, it’s a trespass. A trespass can even occur if a defendant causes someone or something to enter onto the land as well. The usual measure of damages are either nominal damages (one dollar) if there is no actual harm done to the land or actual damages if there is harm done (e.g. if the ground has been demolished by a vehicle on the land).

You may want to consider just writing a formal demand letter that they repair the retaining wall. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. How else can I help you today?

Legal Eagle
Legal Eagle, Lawyer
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Customer reply replied 30 days ago
They did agree to repair the wall but also stated they could remove it if they want to. I would rather sue them for the rights to the wall, as I don't trust them. Also, if they are doing anything at the wall, they are about 18" from my front yard and house and will be looking into my yard and house which is an invasion of privacy. Also, I plan to sell the house this summer and would feel bad sticking the new owners with this problem. What are my options?
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