Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Retaining wall responsibility. Our duplex lot is 2 to 2.5…

Customer Question
Retaining wall responsibility. Our duplex...
Retaining wall responsibility. Our duplex lot is 2' to 2.5' below neighbor's lot. Wood retaining wall is on or near boundary and may be mostly on ours. Survey is planned. Wall gave way; old wood and debris was removed. Some dirt, concrete pavers from neighbor's lot fell onto our lot. Are we responsible for retaining neighbor's dirt if wall is on boundary line? They don't want to share cost.
Submitted: 8 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
6/29/2010
Real Estate Lawyer: Dimitry Esquire, Attorney replied 8 years ago
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
Verified
Thank you for your question.

If the wall was on your property, then the neighbors are not responsible. The retaining wall is considered "joint" property and any dirt on your side of the property line is your responsibility. However if the wall was solely on his side, then he is completely responsible to you for any damage that the adjacent support removed when the wall came down.

So it all comes down to location--if the survey finds that the wall is on boundary, you eat the cost for clean-up, but if the wall is on his side, he is responsible to you for the dirt (and if the wall was holding something up, for replacement of the wall and not simply putting up a chain-link fence).

Hope that helps.

Edited by Dimitry Alexander Kaplun on 6/29/2010 at 7:30 PM EST
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Dimitry Esquire is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

41,221 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
About 11 years ago, we decided to change fence to block wall
About 11 years ago, we decided to change wood fence to block wall with shared expenses with the neighbor. After fence was removed and trench was dug, they started to dispute the location of the wall. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Last year I logged out my woods. The neighbor just called
Last year I logged out my woods. The neighbor just called and said that I had to have the property surveyed to establish the property line. He said he owns 20 feet of our woods, but there are no stake… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
I returned from a three week vacation on 20 April 2016.
Hi, I returned from a three week vacation on 20 April 2016. When I got back I saw my next door neighbor had started construction of a retaining wall between the properties. He removed about 3 cubic ya… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
Hired a state certified civil engineering company to perform
Hired a state certified civil engineering company to perform a property boundary survey, complete with field survey, iron pins marking entire boundary and detailed survey map which my neighbor is disp… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Neighbor extended home within 6ft of my lot line.I live in
Neighbor extended home within 6ft of my lot line.I live in Cutler Mane.I think a 20 ft setback from lot line is required. I just found this out. He built this extension 14 years ago.He removed the bou… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My property line runs diagonally under my neighbor's hill 6
My property line runs diagonally under my neighbor's hill 6 story high, very steep hill. A 4 inch rain caused a mud / land slide from his hill above my property down unto my property. I now have a 10 … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
my family owned property since 1910. It contains a home that
my family owned property since 1910. It contains a home that is only 18 years old. Along the southern side of my land was a 3' concrete retaining wall and a green chain link fence. These have been the… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
A new neightbor wants to replace an existing fence running
A new neightbor wants to replace an existing fence running down a property line between our yards. The fence was installed and paid for equally by myself and a former property owner of the neighbor's … read more
socrateaser
socrateaser
1,031 satisfied customers
Ten years ago, I purchased a property in Pottawattamie County,
Ten years ago, I purchased a property in Pottawattamie County, Iowa. At that time the east boundary was determined by a fence line that had been in place since sometime between 1955 and 1962. The owne… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,386 satisfied customers
Shared Driveway in Dupage County, IL. I am interested in purchasing
Shared Driveway in Dupage County, IL. I am interested in purchasing a property that has a shared driveway but I want to terminate it. The adjoining neighbor is not cooperating or is trying to get me t… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
I live in a subdivision. I have 2 storm drainage on my lot.
I live in a subdivision. I have 2 storm drainage on my lot. Upon purchasing the property, builder suggested that as long as the drainage system were not inside o my fence. HOA will be responsible for … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I own an old property in Albuquerque, NM. the detached garage
I own an old property in Albuquerque, NM. the detached garage is on two property lines. The garage needed repair. After checking with zoning, i was given clearance to fix the garage. not possible to r… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in Los Angeles County (City of Los Angeles).Six years
I live in Los Angeles County (City of Los Angeles).Six years ago, we had our lot surveyed and marked to establish the property line to draw up plans for a huge remodel.Towards the conclusion of the re… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
I share a fifty foot property line with my neighbors to the
I share a fifty foot property line with my neighbors to the west. Their property is approximately 36" higher than mine in the front, which slopes to about 18" higher than mine at the rear. They have a… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
We own a 120 year old home that used to be my mothers. Many
We own a 120 year old home that used to be my mothers. Many years ago the property was divided and sold and someone else built a house on the land that was sold. Originally there were no problems but … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Who is responsible for a retaining wall? The property owner
Who is responsible for a retaining wall? The property owner whos dirt is being held back or the one whos property is being protected? I live in CA.… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
We purchased a home Feb of 2007 and have begun to have trouble
We purchased a home Feb of 2007 and have begun to have trouble with a neighbor over fence problems. According to our survey provided by title company there is about 10' of the fence line that runs alo… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I gave a neighbor permission to build a garbage house on my
I gave a neighbor permission to build a garbage house on my property. He sells the property and the new neighbor and I don't get along. I asked the new owner yo stop using and remove the building, he … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x