Law of Lateral Support

[mythoughts]

I own a house with a retaining wall at the rear lot line. It is an interagl part of the neighbor's foundation, but we don't know which lot built it. I am on the upper slope. I do not have a level lot, so it appears that the wall was built when the downslope neighbor built their property so that they could have a level lot.

There is no survey. Even if there was a survey, we've heard that they aren't always reliable when it comes to walls. Can someone explain who's wall it likely is and who is responsible for repair? Doesn't the law of Lateral Support state that i is usually the downhill owner's?

Also, I've only owned the house for 3 years. The other party has owned it for ovr 30yrs. It is clear that the deterioration of the wall has been going on for many years. Can they let it deteriorate for years and them ask for tens of thousands to fix it? They could have addressed it when it was a lot cheaper to fix.

Thanks!

 

[army judge]

I own a house with a retaining wall at the rear lot line. It is an interagl part of the neighbor's foundation, but we don't know which lot built it. I am on the upper slope. I do not have a level lot, so it appears that the wall was built when the downslope neighbor built their property so that they could have a level lot.

There is no survey. Even if there was a survey, we've heard that they aren't always reliable when it comes to walls. Can someone explain who's wall it likely is and who is responsible for repair? Doesn't the law of Lateral Support state that i is usually the downhill owner's?

Also, I've only owned the house for 3 years. The other party has owned it for ovr 30yrs. It is clear that the deterioration of the wall has been going on for many years. Can they let it deteriorate for years and them ask for tens of thousands to fix it? They could have addressed it when it was a lot cheaper to fix.

Thanks!

Or, you could have done better due diligence and NOT have purchased the house.

I suggest you immediately retain a good property or real estate attorney, speak with a good surveyor, and discuss the wall issue with an engineering firm.

This is a very complicated and potentially life threatening situation.

You can't receive proper advice using this limited method.