can a lot owner be forced to put in a seawall?

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can a lot owner be forced to put in a seawall?

We own a lot on a river and the adjacent property owner installed a seawall. the property owner now wants us to put in a sea wall claiming we are now responsible for erosion on our shared property line.

Asked on December 22, 2017 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The government can force you to put in a seawall, using, for example, eminent domain. A fellow private citizen and landowner has no legal right to force you to install one. You are also not responsible for any erosion on your property line because you do not have a duty to protect another person's property--you have a duty to not actively do anything to harm their property, but that is different from having to take steps to protect it from natural forces.


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