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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42852
Experience:  Texas Attorney for 30 years dealing in real estate
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My deceased father's property has a 120' retaining

Customer Question

My deceased father's property has a 120' retaining wall-holding back the neighbor's driveway. My dad's driveway butts up next to the wall-but is level. Neighbor's driveway is less than 1' away-but is on an incline up to 4'. Neighbors house built 1924 - but his garage and concrete drive - 1972. Dad's drive-put in about 1965-66. Neighbors drive is in bad shape-cracked severly and pitched toware the retaining wall. Retaining wall is leaning now-after 50yrs. and s/b replaced. Neighbor says retaining wall failed and that's why his driveway is failing. I think opposite - lot's of water toward it. Appears wall was there 1st - then he had a concrete slab and drive poured which could have contributed greatly (cement trucks, digging - etc so close to the wall. He also erected his garage - about 1 ft. away from wall. What to do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

It may be hard to resolve this.If neighbor wants a new driveway I would tell him that would be his problem on his property.The retaining wall is likely your problem although neighbor might have caused it.Since it is on your property again it will be hard to prove one way or the other and you may have to foot repairs for it.

Here I think he likely has to repair his driveway and you the retaining wall.

I do not see you liable for his driveway here because again it is on his property.I am not at all sure a court would hold you liable.It is just as likely that your retaining wall just got old.If he was worried about it he should have offered to split cost when driveway was repaired.

You can contact your homeowners here and see if any of it covered as a means to resolve it.Maybe his covers his driveway.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.