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I am having a problem with a retaining wall that was built…

Customer Question
I am having a...

I am having a problem with a retaining wall that was built back in 2002, the wall is bulging outward about 6 inches and down about 24 inches. It looks like poor construction from what I can see. Is there anything that I can do about it as far as to sue someone for it.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

Not yet

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

I have contacted someone to fix the problem before the wall gets worse

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/27/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,288
Experience: Licensed to practice before state and federal court
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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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Customer reply replied 7 months ago
Can you call me instead, slow in typing(###) ###-####
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hi, I certainly could, but that's a "premium service" that the site requires that you pay $59 for. It's an excellent value, but it's totally optional. If that's something you'd like to do, then you're welcome to request it:-)

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Customer reply replied 7 months ago
No thanks
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Understood. Bear with me for a moment...

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Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. In your case, there is something that you can do. This is considered a trespass to land. A trespass to land occurs when someone causes themselves or something else to come onto your land without your authorization. The general damages for this that you could recover are the reasonable rental value for the time that the thing has been on your land or you could request that they be ejected from the land. In this case, it is probable that you would be able to sue in small claims court to have the owner of the wall moved.

If this is your wall and not someone else's, then you may be able to sue the person who built it for breach of contract and negligence. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action.

Regardless, they can usually be resolved in small claims court.

Did you have any other questions for me today that I could help you with?

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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).

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