Who is responsible for repairing the retaining wall that divides property?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who is responsible for repairing the retaining wall that divides property?

There is a retaining wall between my property and my neighbor’s. There are a few cracks on my neighbor’s side, they claimed that they were caused by the roots of the tree on my side. The tree is right next to the wall and it was not intentionally planted there, the biggest trunk area is about 4 inches in diameter. Who should be responsible for repairing the cracks which are on neighbor’s side?

Asked on August 21, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This can be a sticky situation so handle it with as much diplomacy as you can.  Whose property is the wall on?  If it is on your property then it is yours to maintain and vice versa. If it is on both your properties then it is both of your responsibilities.  But as a practical matter you should agree to maintain the wall as it probably serves a purpose to both of you.  Offer to pay for some of the repairs.  And take care of the tree issue.  Good luck.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption