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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33479
Experience:  30 years of real estate practice experience.
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My neighbor red a contractor to rebuild a retaining wall

Customer Question

Hello My neighbor hired a contractor to rebuild a retaining wall that held up my property. They dug on my property without permission causing damage and erosion on my hill. I have a claim with the contractors insurance company but they are ignoring me. Im forced to the next step. How do I get my property restored.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Have you retained an attorney yet to sue them?

Customer: replied 1 year ago.
Hello Loren, Thanks for getting back to me. No I have not retained a legal advise yet. Some other info. The neighbor that built the wall contacted the third neighbor to attain an easement to extend the wall on to their property. a legal easement was obtained. My suggestion is to partner with the good neighbor to sue the neighbor that built the wall. The excavation was done on my property and the property of the good neighbor an the other neighbor. I think the liability goes to the good neighbor because its their property that will cause my hill to fail onto their property. What a mess. I will call you. or you can call me Dave(###) ###-####
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Loren replied 1 year ago.

Thank you for the additional you for the additional information.

Expert:  Loren replied 1 year ago.

You can sue the neighbor who authorized and paid for the excavation on your property without your permission. The unauthorized access is trespass and the contractors and neighbor is the trespass and they are liable to you for all costs of remediation and other damages.

Expert:  Loren replied 1 year ago.

You do not need the other neighbor, but if there was a trespass on his property then he or she can maintain his own action.