As between neighbors, whose responsibility is it to put up a retaining wall?

I have a property that shares a back fence with a neighbor. The fence sits right at the property line. Our yard sits about 2′ higher than theirs. They would like to put up a separate fence in their yard but say they cannot because when it rains our yard washed dirt into theirs. They would like me to build some sort of retaining wall in their yard so they can build a fence. These houses were built in the early 70’s and have been this way as long as I have owned the house about 10 years. Is it my responsibility to put up a retaining wall? I did offer to share the responsibility but they feel it is entirely up to me.

Asked on September 24, 2012 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the circumstances that you have written about if the homes that you have written about have been in existence since the early 1970's and there are no issues of soil movement creating a danger to structures then you have no legal obligation to install a retaining wall on your property if you do not wish to do so.


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