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Is uphill neighbor responsible for retaining wall california?
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Is uphill neighbor responsible for retaining wall california?
The person could recover money damages to compensate for the following items: Cost of Repair or Replacement: The cost of repairing or replacing the damaged property. The following Property Q&A provides comprehensive and up to date legal information on In the absence of any evidence in the title deeds to the properties concerned, who is responsible for a retaining wall? The retaining wall was originally all on my neighbors property. The construction he's doing is causing a river of mud to run down the hill and into my driveway which I then have to clean up. The developer put the wall up by the road. My neighbor's yard sits about 4 ft uphill from ours and the retaining wall holding back his property is collapsing. 5,314 satisfied customers. Re: Water from neighbor drains into my yard. This forces water to gather next to the wall, doing damage Poorly Designed Backfill. Yes (if you are in Qld). Message View Profile. Litigation Lawyer in Beverly Hills, CA. We went through this recently and because we would suffer the most damage if it fell in, we needed to replace the wall. Here are the best places to schedule a tasting. We've been left with no hedge and no privacy. 15,685 Satisfied Customers Ask for help, 24/7 The new neighbor on the south noticed a survey monument in the sidewalk marking the property line and realized if it was accurate they could move the retaining wall closer to my mom's property and gain 1. Established in 1997, we operate throughout Northern California. Their property is uphill of ours and the soil level has been built up (possibly 80 years ago when their 'front yard' became our section) to give them a level section, front and back. If the retaining wall was built by your neighbor or whoever owned the land before him, they have a duty to maintain the wall and prevent the soil from sliding onto your property the person that builds/owns the wall is responsible. Attorneys and experts in earth movement cases between neighbors argue about both liability and damages. Since 2008, under amendments to the Dividing Fences Act 1991 (NSW) section 3, an adjoining owner can seek a contribution for the carrying out. Each property owner must keep up with the maintenance on their side of the line. This forces water to gather next to the wall, doing damage Poorly Designed Backfill. Customer: The retaining boundry wall between our 2 properties is rotting. We bring our well-established reputation for excellence and decades of experience to every project we do. A retaining wall collapse in Corona prompted the evacuation of eight homes, officials with the Corona Fire Department announced Monday. The properties were designed with this level difference when originally constructed in the 1970s. 0 attorneys agreed. Before going to the city yourself. d or side yard that abuts a street. The retaining wall fence between me and my uphill neighbor appears to be weakening and they're backyard may. Apparently the wall is starting to cave into the neighbor's driveway. Generally, each side of the fence may have a limit of 4 to 6 feet, depending on the property's location. My house is lower and the wall is falling toward my side. Retaining walls can be crucial for the structure of a home. My property is on the high side of the wall. Continue reading to learn more In general, a neighbor is not responsible for damage to your property caused by runoff from naturally occurring rain and land conditions. The fintech company i. Contribution to Damage: If a property owner's actions or negligence have caused damage to the retaining wall, they may be held responsible for repairs. However, where the wall has a retaining function the. If there is damage being caused to your land because the retaining wall is. Your neighbors may be loud, but they are (probably) not mind readers. California’s Good Neighbor Fence Law places equal responsibility for the maintenance, costs and replacement of fences that property owners have all or partially in common. Retaining wall was built by uphill house, but placed on the downhill house lot. It can be made from timber, brick, masonry or any other suitable material. That in itself is annoying because the 6 foot fence does hardly anything to block the view. 1 attorney answer. The retaining wall fence between me and my uphill neighbor appears to be weakening and they're backyard may. Generally speaking, the property owner who changes the level of land, either by excavation or filling to ensure that there is no earth movement, is responsible for the cost of construction of the retaining wall, as well as any ongoing maintenance. Perhaps the fence doesn't even need. Customer: Unfortunately, we are having a dispute re retaining walls with our neighbours. If necessary, the landowner must build a retaining wall or other structure in order to keep the soil within his or her own line. com Does the uphill neighbor pay for damages if a retaining wall collapses on neighbor's lower property. On my neighbors side, the ground is sloping. In addition to applicable Civil Code sections (Division 2, Part 2, Chapter 2. Information and permit requirements for fences, retaining walls and garden boxes on residential property. I also think that they are under no obligation to maintain or keep the wall (or even let you onto their property to fix it yourself, unless there is an easement on the title). A neighbor cannot build a boundary fence taller than ten feet without a good reason if the purpose is to annoy the neighbor (Civil Code section 841 We would like to show you a description here but the site won't allow us. Also as you pointed out,his. Sometimes it's the uphill owner, sometimes the down hill and sometimes shared. However, I would try and get him to share in the expense. Along the back of 3 buildings there is a large, continuous retaining walls that crosses the rear property of 17 unit owners in those 3 buildings. Another option is to go with a block wall. The water/snow run off is causing major erosion to our yard and causing excess water. 15,685 Satisfied Customers Ask for help, 24/7 The new neighbor on the south noticed a survey monument in the sidewalk marking the property line and realized if it was accurate they could move the retaining wall closer to my mom's property and gain 1. Often, the price is calculated based on square-footage; that is, the surface area of the wall's face. Re: Who's responsible for the retaining wall. (a) retains ground no more than 0 is located; and(c) is not work of a kind to which section 76, 77, 78 o'A retaining wall that does not meet any of (a), (b) or. Check with your local council. 5m high at its highest point. Fold the excess fabric over to cover the top of the gravel. Both properties are over 60 years old and neither owner is original owner. I'm not sure it is a clear cut as that. Study with Quizlet and memorize flashcards containing terms like Which of the following are classifications describing how rock and other material move downslope?, What is mass movement?, How is a fall different from creep? and more. 1. uphill property has been eroding. jennifer coffey daughter news Allgemein retaining wall responsibility california. BTW - If you do own the retaining wall, IMO, you should include it in your reserve study/fund. The larger your slopes, the more water you'll. The UK still has no Brexit deal, and the US is enduring the longest government shutdown in its history over funding for a border wall. It is crucial to understand the specific requirements set by the authorities regarding the type, size, and location of retaining structures such as walls. If you have a neighbor that's playing their music too loudly, you can get them back by hijacking their speakers with a little DIY project. Which party is responsible for a failing retaining wall is a VERY facts and details specific analysis. The law recommends maintaining a safe distance of 4. The Same rule applies to any type of wall that forms part of a house, garage or other buildings. The real question is whether or not the wall has tiebacks or other structure which extends across the property line under the upper lawn. The retaining wall was built well before we bought our house (approx 10 years) ago and the neighbours bought the section. Before going to the city yourself. In further responses from the tech industry to Russia’s invasion of Ukraine last week and the country’s continued aggression against its neighbor, Google and Microsoft have both no. We have a pre-existing good neighbor retaining wall that is was technically built on our property before we bought the. Half of the retaining wall their builder. The walls of the heart’s muscles weaken. boeing salary reddit Sonoma tasting rooms are the best place for newcomers to try California wine. We are replacing a long crumbling retaining wall on the edge of our property, next to the neighbor's driveway Yours; property line is low, and your property built up the grade with a wall, Neighbors; Neigbor wanted a flat spot where a slope was so built a wall to provide support and dug down to create a flat area In extension maybe. 1 attorney answer. passive soil pressure loading from adjacent structures Read 1 Answer free lawyers to Who is responsible for repairing a retaining wall on a common residential property line? - Massachusetts Real Estate Law Questions & Answers - Justia Ask an Advocate Изберете страница. To make matters worse, they put up a homemade retaining wall that pretty much dams up the water. 5 ft (for a little extra parking room). In addition to the regular rainfall, his gutter shoots directly into my side yard, causing flooding in my yard. It is about 9-12' tall, 50' long. water that has fallen naturally onto the higher ground but has been artificially accumulated: Baird v. The design professional is responsible for complete analysis in accordance with Section 1807 for retaining walls and site walls supporting a maximum of 6 ft high backfill as measured from the top of the footing. Retaining Walls. There aren't many state-wide laws on fences. The house is on a hill. california civil code 841 retaining wall retaining wall responsibility california. Continue reading to learn more In general, a neighbor is not responsible for damage to your property caused by runoff from naturally occurring rain and land conditions. to go to bank A retaining wall may provide part of the foundation or. The property owner is responsible for retaining their land from your property if it has been built up Retaining walls are built to support built up or excavated earth. 1. The retaining wall is very old and was built prior to either us or our neighbours buying our properties. We live uphill and he is on the lower side (Eastern side). The walls are positioned along the property line parallel to the sidewalk. The neighbor has indicated a trench will need to be dug about 20-24" wide, with half of that width dug on our property, in order to have a space in which to pour the concrete base/low retaining wall. 10 years ago or so the old owners of the uphill neighbor put in an additional retaining wall in order to level their property. Any load that a retaining wall carries has to be engineered into its design- this includes all the weight uphill of the wall, often including an uphill neighbor's house. It is a wonder the wall stays up. If an owner's actions cause damage to their neighbour's land, then they would be responsible for that damage (such as improperly drained storm water causing damage to a retaining wall). Clearly, the wall has been rebuilt in big sections. We live uphill and he is on the lower side (Eastern side). Benefit received by each party from the retaining wall which may be determined by looking at the purpose of its construction - i to hold fill for a higher property or to cut in a lower property. Building a retaining wall to prevent soil from spilling upon adjoining land is a commonly used precaution. The water/snow run off is causing major erosion to our yard and causing excess water. If both neighbours have altered the lie of the land each neighbour will be responsible for the construction and maintenance of the retaining wall to the extent. The one who never cuts the grass. An 85-year-old, deteriorating wall in East Falls affecting 65 homeowners would cost $500,000 to shore up. What recourse do I have in having my neighbor pay for the fence?. Perhaps the fence doesn't even need. Any load that a retaining wall carries has to be engineered into its design- this includes all the weight uphill of the wall, often including an uphill neighbor's house. The wall is 8' tall and was never built to code. Growing a small business team isn’t just about hiring –. Whether you are seeking answers about uphill neighbour responsibilities, costs involved, or the aftermath of a fallen retaining wall, our FAQ section aims to provide clear, concise information to empower you in managing Queensland retaining wall matters effectively. hazmat tanker cdl jobs My house is lower and the wall is falling toward my side. While it may not be as well-known as its neighboring cities like Napa and Yountville, Monticello has. How does a surveyor help either party? A surveyor would… Some people see a wall and build improvements on their property that causes problems for downslope neighbors. Contrary to what Mr. The wall was about 3 feet high and 70 feet long. Who is responsible for repairing/replacing the retaining wall between mine and my uphill neighbor's property? Where however the retaining wall is required as a foundation or support for the dividing fence then it may include retaining walls within the definition of dividing fence. Retaining walls not only. A retaining wall may provide part of the foundation or. Find the best ones near you. While I am thankful there is a brand new 7-8ft fence that neighbor paid for, I am concerned about the quality and legality of the work. If you want to put a fence on the property line on top of the retaining wall then your neighbor should pay half We had bids ranging from 20k to 120k, 8 years ago. If your neighbor is causing flood damage, then you should look into your legal options to have construction stopped or to find a solution to the new flooding issue. This article is designed to give basic information to homeowners living in these private communities concerning how issues of encroachment affect their use and enjoyment of their property. The cost for the fence will be shared. If everything is pristine and natural on both sides of the boundary, natural sluffing of earth creates no duty and therefore no liability for a duty's breach. Most landowners are familiar with the concepts of encroachment, and easements. Your neighbor, on the other hand, can cut some of the roots, but must be cognizant of the law in California, which is that one does not have the absolute right to cut or remove branches or roots from a neighbor's tree. The neighbors behind me have a retaining wall made of railroad ties with a fence on top. Find the best ones near you. Our uphill neighbors, built in 1979, behind us have diverted water,planted trees, shrubs and bushes, placed heavy things against the retaining wall and have put dirt against the wall that has allowed the wall to buckle. The other neighbors are at the top. The properties were designed with this level difference when originally constructed. Even if the neighbors construct a fence or boundary over the middle of the tree, the entire tree still belongs to both neighbors in common When awarding damages for harm to trees that are coowned by - neighbors, courts may prorate damages according to a coowner's - 14 Rptr 15 AL IV ODE.
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Were the CEOs of fintech startups being optimistic, or short-sighted, when over-hiring? It seems there is a fine line Welcome to The Interchange! If you received this in your inbox. I feared that his construction method of the wall was not op to code and could put my property in jeopardy. 5 ft (for a little extra parking room). This helps increase privacy even for homes and yards on steep hills. My house is on a sloped street and I get all the rain and dirt eroding from the west neighbor. The developer put the wall up by the road. Our house is a federation house built approx 100 years ago and the unitts were built in the 1970s. (Important: there's a chance the neighbor's driveway might be on a 3 foot easement and that it may actually be on John's property, but he's still trying to figure that out). The damage was done well before we started building but they are claiming that our building has done the damage. It generally does not matter whether the current property owner planted or maintained the trees. Just how much are the UK and the US ready to. If it was the uphill neighbor who filled in their yard, then they are tasked with retaining wall maintenance. My yard is sodded, and my neighbors' yards are sodded. That’s why your brain. However, I would try and get him to share in the expense. Understand the natural state of your land before any works commence. 5 metres will require a building consent Schedule 1 of the Building Act 2004 Retaining walls Building work in connection with a retaining wall that: (a) It might surprise you to know that trees are among the most frequent causes of disputes between neighbors. Were the CEOs of fintech startups being optimistic, or short-sighted, when over-hiring? It seems there is a fine line Welcome to The Interchange! If you received this in your inbox. Customer: In Dallas, Texas, who is responsible for the repairs and/or replacement of a retaining wall situated between 2 residential homes built around 1983? The retaining wall is made of railroad ties and is about 3-4 FT tall and runs from the alley to the front yard between the homes. Information and permit requirements for fences, retaining walls and garden boxes on residential property. A retaining wall is a structure that is constructed to support earth. You then line the back side with drainable material (river rock) and a drain tile to allow any water building up a route of escape. dg penny deals I think all of these are causing the retaining wall to lean/move. Was the retaining wall, damaged by the trees you mentioned, and whether trees on your side of the land? Customer: We have a 4 foot wall on or neighbors property that fell down in the rains today. (click to enlarge picture) In the vast majority of the time, the downhill owner is responsible for the retaining wall for the simple reason that they are nearly always the one who graded the dirt to make. Expert Advice On Improving Your Home Videos Latest View All Guides Latest. In order to do so, he has to place a retaining wall to hold the dirt in place. You need to determine how long the wall has been in place. Your neighbor, on the other hand, can cut some of the roots, but must be cognizant of the law in California, which is that one does not have the absolute right to cut or remove branches or roots from a neighbor's tree. You are responsible for the retaining wall seeing you are on the down hill side. We would like to show you a description here but the site won't allow us. The uphill neighbor bulit a "shed" that butts up against our fence and appears to be partly responsible for the collapse. pfizer lot numbers by state florida; california retaining wall law; california retaining wall law Who is responsible for repair or replacement of a retaining wall between residential properties? Customer: A neighbor uphill from me is building a wall on his property. This tool doesn't apply to properties with unstable soil conditions. Type text, add images, blackout confidential details, add. The most space efficient choice is concrete panel and post-style retaining walls, however a structural engineer must confirm the suitability and design of retaining walls over 450mm in height, and a building permit is required from the local authority. Here's how they work. Nobody is claiming ownership of the wall as it predates both of our our residences. See full list on schorr-law. The retaining wall was leaning heavily. California Paver Pros is known for its innovative design services for Sacramento clients, spanning all types of projects. alabama food stamp recertification online Retaining Wall Responsibility. If you’re willing to put in the time, you can construct yo. It is illegal in California for someone to remove lateral support from someone else's property, but an uphill neighbor also has responsibility for not. We are uphill neighbor. I'm not sure it is a clear cut as that. My house is lower and the wall is falling toward my side. 2 Foundation setback from descending slope surface. The system consists of dry-cast concrete blocks that are placed without mortar (dry stacked) and rely on their keyed interface and mass to resist overturning and sliding Valley Center, CA 92082-2992. Alternatively, when a person 'fills' or provides extra soil where the. California statutory law since 1872 provides that "Trees whose trunks. It is a practical and beautiful landscape design for this front entry. An uphill owner, however, is liable for any damage caused to others' property by the discharge of water in an unnatural manner; that is, when the uphill owner has altered the natural course of the stormwater This rule is modified by a consideration of the reasonableness of the owners of both the uphill and the downhill properties. Fraser Thomas | Engineering and Survey Consultants Re: Mudslides from a neighbors property The general law on this in California is that an uphill neighbor is not liable to the downhill neighbor for natural runoff, but when the natural character of the uphill land is altered, the uphill neighbor is liable for his negligence in carrying out the alterations. With an embankment between two neighbors, who is responsible for holding back the embankment if 1. Retaining wall @Home Owner Center This checklist provides guidance to documents submittal requirements for applications that pertain to retaining walls at Home owner Center for Single and Two family dwelling units. cedar rapids breaking news ca Building Permits & Licences 1st Floor, 32315 South Fraser Way, Abbotsford, BC T 604-864-5525 E building-info@abbotsford Legal Question in Real Estate Law in California Who is responsible for a Retaining Wall? I don't agree with Mr the paris hours ending explained; honda hrv electric parking brake problem; how to stop starlings nesting under roof tiles; wotlk holy paladin pre raid bis A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor's inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house recent California cases on prescriptive easements correctly note that an easement is a right to use someone else's property in. The reason you are responsible is that the wall was there before you bought your house. Retaining walls can be built from stone, formed concrete, cement Expert Advice On Improving. 4 feet above the top of foundation with level backfill and no surcharge, as well as free. A retaining wall collapse in Corona prompted the evacuation of eight homes, officials with the Corona Fire Department announced Monday. Alternatively, when a person 'fills' or provides extra soil where the. Our expert contractors can design and build a landscape retaining wall that is unique and which represents. Retaining wall @Home Owner Center This checklist provides guidance to documents submittal requirements for applications that pertain to retaining walls at Home owner Center for Single and Two family dwelling units. Neighbors using their fence as a retaining wall. Re: Who's responsible for the retaining wall. The Same rule applies to any type of wall that forms part of a house, garage or other buildings. The property line is between the wall and the dirt on my property. Feb 6, 2012 · Who is responsible to pay for a retaining wall when the land of uphill neighbor is eroding? My neighbor's property is 3ft higher in elevation than my property. Top 10 Best Pool Fence in Fremont, CA - July 2024 - Yelp - Baby Barrier Pool Fence, Baby Barrier Pool Fencing, Protect A Child Pool Fence, Always Safe Pool Safety, LifeSaver Pool Fence of San Ramon CA, California Fences, Newark Fence, Marquez Fencing, PL Fence, Agellon Fence Restoration. In cases where the retaining wall is on the boundary line between your properties, it may be considered a shared responsibility. Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on another's land. If one of the neighbors is the cause for the collapse, then they would be responsible for the repair or a greater part of it. This wall predates both of us, so we don't know who put it in or if it's on the property line. 4 feet above the top of foundation with level backfill and no surcharge, as well as free.
Learning has an evolutionary purpose: Among species, individuals that adapt to their environments will succeed. This point is further clarified by California Civil Code § 841 (a), which states, in pertinent part: " [a]djoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them Which, necessarily, would include the damaged Party Wall. Fruit that's still on your neighbor's tree belongs to your neighbor, even if the branch it's attached to is hanging over your property. Greatist’s advice columnist Kelly McClure has had her fair share of experiences, even with nosy neighbors. california retaining wall law commander b vibes fm in hospital » jobs with sign on bonus and relocation » california retaining wall law. florida toll by plate The neighbors are slightly uphill, so the dirt on16 Party Walls Boundary Walls Retaining Walls Building faces. Jun 5, 2022 Generally the land owner who created the need for a retaining wall is liable although that is not set in concrete (pun intended). 1 Walls shall be designed for out-of-plane seismic forces per IR 16-11: Seismic Out-of-Plane Forces for Non-bearing Non-Shear Concrete and Masonry Walls2 The following modifications to code requirements are permitted for retaining walls less than. A file-stealing ransomware group claimed responsibility for the hack, and said it will sell the stolen data. Part if the reason they don't want to pay, also, is because when they leveled their yard they built a retaining wall, but as I mentioned above, it was not done properly. teddit.net If the retaining wall follows the property line, there are certain situations where full responsibility falls on the owner. If you buy something throu. | Licensed for 30 years Rating: 9 3 year Top Contributor (877) 934-0661. My neighbors have vinyl fences behind all that. The retaining wall is holding a significant amount of dirt and hillside. new bengali movie 720p download filmyzilla The general wall is found that the party whose land is being retained by that wall is responsible for its maintenance and upkeep. The neighbor has indicated a trench will need to be dug about 20-24" wide, with half of that width dug on our property, in order to have a space in which to pour the concrete base/low retaining wall. When we bought the house, the side yard was covered in pavers. sherwood high school teacher. 5 feet higher than my uphill retaining wall. Who is responsible for repairs? The upper one its yard one the wall is waiting back, conversely that lower side of the retaining barrier, or are both responsible on an 13/83 basis?.
In the shared responsibility case, you may be able to force him, legally, to shell out to fix the issue. Where it is on the property line, they need to get your permission before building it, and should attempt to come to an agreement on the price. She wants it replace and feels that I should pay for half. Retaining wall is which neighbor's responsibility in San Francisco, CA? the broken retaining wall is a liability issue. (No on complains about a retaining wall wholly on some neighbor's property that is retaining a flower bed in front of their house. Question: "Our uphill neighbor has a 2-foot wooden retaining wall on their side of our joint property line. About a year and a half ago they started landscaping the yard. Case 1 and 2 where retaining walls are accessory to a residential occupancy. The wall leans about 40 degrees towards my property. Your neighbors are annoying you, yes. downhill property wants uphill property to pay all the costs of $20K who is responsible? is it the downhill or uphill or both? thank you, Jackie These guys are the real deal! We had a huge retaining wall (10' high x about 30' long) between our property and our neighbors that was literally failing. Wood shall not be employed in the construction of retaining walls Special inspection is required as specified in the Building Code, Section 1705. While traditional beds can take up a significant amount of space, a. If the work required also involves work on the foundation or support for the fence this work is considered to be fencing work. In California easements for light and air and for view ordinarily can be created only by an express grant or reservation, by an agreement between property owners, or by the creation of an equitable servitude by appropriate covenants and restrictions. Where it is on the property line, they need to get your permission before building it, and should attempt to come to an agreement on the price. Flower Street, Santa Ana, CA 92703 P Box 4048, Santa Ana, CA 92702-4048 Revised 03/2017 This brief article explores the question of who has liability for deteriorating retaining walls and highlights the role of mediation and avoidance of civil litigation when resolving neighbour disputes. birds painting What recourse do I have in having my neighbor pay for the fence?. The distance varies by the state or city you live in. Fraser Thomas | Engineering and Survey Consultants Re: Mudslides from a neighbors property The general law on this in California is that an uphill neighbor is not liable to the downhill neighbor for natural runoff, but when the natural character of the uphill land is altered, the uphill neighbor is liable for his negligence in carrying out the alterations. Attorneys and experts in earth movement cases between neighbors argue about both liability and damages. In the case of Booska v. When it comes to creating a welcoming and functional guest room, one of the key elements to consider is the bed. Who is responsible for erecting and maintaining fences? What can you do if a fence appears to violate the boundary line between you and a neighbor? What can you do if the branches of a neighbor's tree jut into your property or its roots appear in your soil? Then 3 feet out from the 2nd retaining wall, part of the slope gave way and slid down the hill. Disputes often arise between neighbours due to common issues such as retaining. I feared that his construction method of the wall was not op to code and could put my property in jeopardy. Fintech Robinhood is cutting 23% of its workforce, its second layoff in just a few months. The Amazing fact about neighbors retaining wall falling on my property. In the case of Booska v. They are fine with me fixing it. I believe that they should be responsible for repairing the wall (and I will pay for half the fence) since they have altered the lay of the land to build the driveway. The Issue of Liability: The law is clear: the. 208 upvotes. Isn't there some kind of law that prevents people. He is not liable to pay for the removal of their wall. The neighbors are in the middle of the work and I. When it comes to retaining walls, one common question that arises is whether the uphill neighbor is responsible for the wall. If the batter (receding slope of a wall, structure, or earthwork) is located on your property and needs to be replaced with a retaining wall, you will be responsible for the construction of the wall. 2,149 Satisfied Customers. where does unspeakable live We are the uphill neighbors, with a yard that slopes into the downhill neighbor's yard. Good neighbor fence is constructed on our joint property line and then bolted at spots into wooden retaining wall. Uphill house has soil backfilled about 3 to 4 feet above the natural slope of the hill. If your backyard erodes, who pays to fix it? Learn more about homeowners policies, retaining walls, and erosion insurance from American Family. We are replacing a long crumbling retaining wall on the edge of our property, next to the neighbor's driveway Yours; property line is low, and your property built up the grade with a wall, Neighbors; Neigbor wanted a flat spot where a slope was so built a wall to provide support and dug down to create a flat area In extension maybe. 1 attorney answer. According to the previous owners of my property, it had already been built when they bought it brand new. Location: QLD. Terryw Solicitor, Mortgage Broker and Chartered Tax Adviser 583 Tax Tips. We are having issues with a retaining wall my rear neighbour built on the boundary without our approval. In erecting such a wall or other structure the owner should be careful to build it entirely on his or her land. I'm seeking opinions on dividing the costs for repairing a shared fence with my neighbor. Skipping the permit is very very unwise. The distance varies by the state or city you live in. Yes (if you are in Qld). I hope this is clear to you Claudette Who is legally responsible to repair a fallen. Basic Law: The law states, in part, at Cal Code §832, that, "each coterminous owner is entitled.