Who has legal ownership of a boundary retaining wall when the wall holds up the land of one property only?
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Who has legal ownership of a boundary retaining wall when the wall holds up the land of one property only?
Asked on August 24, 2012 under Real Estate Law, New Jersey
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the boundary wall is on one person's property alone, then the person who owns that property owns the wall. If the boundary retaining wall is on two separate parcels with different owners, then both owners own the wall. If this wall holds up land on another person's property, the owner of the wall who removes it does so at his or her own peril for any damages that might result to the owner of the land whose property is being held up.
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