Retaining Wall - Neighbors Driveway

[CJP100676]

We are selling our house. Buyers want to build a driveway that would run adjacent to the neighbors driveway. Neighbors driveway is on a slight inline and is about 1-2 feet higher than buyer's proposed drive. A retaining will will need to be built so neighbors existing drive isn't damaged.

Neighbor agrees.. and property spikes indicate.. that her property line ends at the edge of her driveway. The retaining wall will run along side of the neighbors driveway and the buyer's new driveway.

Buyer wants neighbor to sign an agreement that says cost to maintain the wall will be shared responsibility. We don't think the neighbor should be asked to foot expense of a retaining wall that is being built so buyer can build a new driveway.

What's the legal opinion on this one?

 

[Michael Wechsler]

This isn't a question of a legal opinion. It's up to you whether this seems fair to you. I highly doubt the neighbor would want to share the cost because it's of no benefit to the neighbor. What does he care to build a retaining wall that doesn't add any value to his property and he'll have to pay half the maintenance costs? Common sense says your neighbor will laugh. I'd tell the buyer to buy the home and work it out with the buyer afterwards as it's his issue.