Who is responsible for a retaining wall?
The only way the wall owner is responsible is if the wall is on their side of the property line. If the retaining wall follows the property line, there are certain situations where full responsibility falls on the owner.
Do you need an engineer to build a retaining wall?
Anyone can build a retaining wall, but a licensed engineer must be hired if it is over a certain height. To describe it best, it keeps the land from eroding for gardens or any other excavations. If it is not built correctly, it can cause significant damage to either side of the property line.
Who built the retaining wall in the scenario above?
In the scenario outlined above, the retaining wall was originally constructed by Bob’s predecessor in title, in connection with an alteration of the grade of Bob’s property.
Can a person not want a retaining wall on a property?
Sometimes when people sell their homes, the people who buy the home and property may not want the retaining wall. In these situations, it can be a problem for the wall owner or the neighboring properties. Do you need retaining wall installation? Get free, zero-commitment quotes from pro contractors near you.
Is uphill neighbor responsible for retaining wall NSW?
Speaking with a qualified engineer is recommended. In New South Wales, neighbours would normally share the cost of a retaining wall on a boundary, unless one was responsible for damage. If no agreement can be reached, mediation options are available or you can apply to the NSW Civil Administrative Tribunal for help.
Is uphill neighbor responsible for retaining wall Qld?
Retaining walls are built to support built up or excavated earth. They are normally not a matter of joint responsibility for neighbours as they are usually benefit one neighbour more than the other.
What happens when a retaining wall fails?
What damages can be caused by the failure of a retaining wall? A failing retaining wall often causes the soil behind the wall to begin moving as the wall moves. Movement of the soil held back by the wall will cause damage to any structure supported by that soil.
Who is responsible for maintaining a retaining wall UK?
It is generally accepted that the person whose land is retained by the wall is responsible for its repair and maintenance.
Who owns a retaining wall Qld?
The maintenance of a retaining wall is the responsibility of the property owner whose land the retaining wall benefits. There may be circumstances where a retaining wall has been constructed on the boundary that retains fill on one property and cut on the neighbouring property.
Who owns the fence between two houses?
When looking at the plans, the ownership is indicated by a “T” marked on the plans on one side of a boundary. If the “T” is written on your side of the boundary, you're responsible for maintaining it. If there's an H (although actually it's two joined Ts) the boundary is the joint responsibility of both parties.
What is the most common retaining wall failure?
The number one cause of retaining wall failure is poor drainage. If too much water gets absorbed into the soil behind the wall, the hydrostatic pressure can push on the wall causing it to bow out or crumble.
What are the common causes of retaining wall failure?
Causes of Retaining Wall FailurePoor Drainage. The main cause of retaining wall failure is poor drainage. ... Shallow Footing. ... Sub-Standard Materials or Lack of Reinforcement. ... Extra Load on Top. ... Slope Failure.
What are the main failure causes of a retaining wall?
There are 7 main reasons a retaining wall can fail:Bad Subgrade Or Footing. If the foundation of any structure is bad it will fall over. ... Improper Drainage. ... Improper Backfill Procedures. ... Incorrect Building Materials. ... Building On Top Of A Retaining Wall. ... Retaining Wall Construction Errors. ... The Retaining Wall Fails Due To Age.
How much does it cost to repair a retaining wall UK?
On average, the cost to replace a retaining wall is £4,000, though this varies depending on the size of the wall and the scope of the work required to replace it.
Who owns a garden wall between two properties?
The boundary walls in a garden might be jointly owned by the neighbours, owned and maintainable by one of them only or may even be owned by one neighbour and maintainable either singly by the other neighbour, or jointly.
What is the 7 year boundary rule?
Some believe that there is a 7-year limit on adverse possession, meaning that a squatter can take ownership of land after they have been using that land without the owner's permission for a certain amount of time.
What is the right to lateral support in Gorton v. Schofield?
In Gorton v. Schofield, 311 Mass. 352 (1942), the Massachusetts Supreme Judicial Court considered the right to lateral support as it applies to retaining walls. In that case, a wall on the defendant’s land provided support for the plaintiff’s land which was at a higher elevation. Although there was no direct evidence as to who had built the wall, the SJC affirmed the trial court’s conclusion that the evidence supported an inference that the defendant’s predecessor had made the excavation and that the same person had built the retaining wall. Id. at 355. Regarding the duty to repair the wall, the Court stated,
What is the rule of lateral support?
Under the rule of lateral support, a landowner has an absolute right to the continued stability of the land in its natural condition and if a neighboring owner alters his or her land so as to remove the lateral support for the landowner’s land, that neighbor is liable for any harm caused to the landowner’s land.
Why did Bob's predecessor build a retaining wall?
Wishing to create a level lot, a prior owner of Bob’s land excavated the portion near Jerry’s land, to lower its grade to that of the remainder of the lot. Because this excavation left Jerry’s property at a much higher elevation than Bob’s excavated lot, and in danger of collapse, Bob’s predecessor built the retaining wall to provide adequate ...
What is the case of Rubin v. Walpate?
In Rubin v. Walpate Const. Mgmt., Inc., 10 Mass. L. Rptr. 377, 1999 WL 706710 (Mass. Super. 8/24/99), the Superior Court quoted Gorton and made clear that the duty to repair a wall falls on the person who altered the grade of his land, and later owners of the same property. According to the Court,
What is LLRW in Massachusetts?
Lawyers' Legal Research and Writing (LLRW) provides legal services only to other Massachusetts attorneys and does not enter into any relationship with the clients of the attorneys to whom it provides services. This Website presents general information about LLRW and is not intended as legal advice, nor should you consider it such. The articles and blog entries on this site are neither advice nor opinion on specific legal questions, but are furnished only as general information on areas of interest. The applicability of the legal principles discussed in the articles, blog entries or elsewhere on this Website may differ widely in specific situations. LLRW uses reasonable efforts in researching, collecting, preparing and providing quality information and material on this Website, but LLRW does not warrant or guarantee the accuracy, completeness, adequacy, appropriateness, applicability or currency of the information contained in this Website. THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. This Website may constitute attorney advertising.
Who built the retaining wall on Bob's property?
In the scenario outlined above, the retaining wall was originally constructed by Bob’s predecessor in title, in connection with an alteration of the grade of Bob’s property. Accordingly, as the party who altered the natural topography, the past owner of Bob’s property had the duty to maintain the retaining wall so as to protect the right of Jerry’s property to lateral support. That duty ran with the land and was imposed by all successive owners, including Bob. Moreover, successive owners of Bob’s property had the duty to maintain the wall regardless of whether the wall was located entirely on Bob’s property.
Can a defendant recover for damage to the land?
Where a defendant’s excavation or other alteration of the land removes support from the plaintiff’s land, causing damage to the land and buildings, the plaintiff can recover in strict liability only for the injury to the land itself, not for any injury to the buildings.
3 attorney answers
If the issue is caused by your neighbors' tree, it is their responsibility to repair the problem. You should make a request for the repairs to your neighbors, in writing and be sure to note on the letter that you are sending a copy to their real estate agent (and do so).
Carol Anne Jasinski
Mr. Beckman's advice is good. In addition, if the neighbor does not repair the wall, you could repair it yourself and take him to small claims court for the cost. Because there are trees involved, you need to be careful not to kill the trees in the process. More
Nicholas Basil Spirtos
You made your neighbor a good offer, and he probably should have accepted, since he will likely be 100% responsible for the cost of repairing your retaining wall if in fact the damage is due to his tree roots.
Why is a wall responsible for the structure?
The reasoning behind that is because the homeowner living downhill is typically the one who wanted that kind of arrangement. They were probably the one who wanted the level yard. Because of that, they must now offer support for the property located uphill by maintaining the retaining wall.
Why are retaining walls built?
Retaining walls are built for different reasons. They may be built for landscaping purposes or perhaps for safety reasons. Some homeowners also want retaining walls to keep their property protected and to maintain their privacy.
What does it mean when a wall is bulging?
You should also check if there are any portions of the wall that are sticking out. Bulging is an indicator that there may be excess pressure behind that spot. You need to take care of that.
What materials are used to build retaining walls?
Different kinds of materials can be used to build retaining walls. You can go with wooden planks, or even logs.
Why is it important to keep things in mind?
It’s important to keep those things in mind so you don’t end up paying for something that isn’t your responsibility. You can also draw your neighbor’s attention to the issues with the retaining wall so they can take action.
What is Gary Evans' passion?
Gary Evans is passionate about home improvement. He loves finding out how to make improvements in the easiest, most practical, and most affordable ways. Upgrading his home kitchen is one of his ongoing hobbies. Gary is also a long-time content creator and enjoys spending his free time tending to his hydroponic vegetable garden.
Who is responsible for retaining walls?
The party responsible for the retaining wall is the one whose actions necessitated its creation. More often than not, the homeowner located downhill from the retaining wall is the one who is responsible for it. That’s because the work they had done on their property is typically the reason why the retaining wall was needed.
Who is Responsible for Retaining Wall Repairs
My question involves real estate located in the State of: California I live 4' above my neighbor where there is a 4' retaining wall with a 3' high fence on top connected to the retaining wall. Over the years there has been ivy growing from both our side of the fence in which I have maintained and would cut off the ivy growing on my side.
Re: Who is Responsible for Retaining Wall Repairs
Actually you are both responsible equally. There are also specific laws applicable to construction. Many cities require a permit and have restrictions.
Re: Who is Responsible for Retaining Wall Repairs
Is the wall/fence on the boundary line? Is your neighbor's yard fenced, or is the wall/fence we're discussing the only fencing of his property?
Re: Who is Responsible for Retaining Wall Repairs
I'm assuming it's on the property line, I can't afford a survey. Both houses were built in 1951, I purchased the house 11/98, and my neighbor purchased their home in 10/95. So the wall and fence was there already. Yes this is the only fence.
Re: Who is Responsible for Retaining Wall Repairs
That would be the County Recorder's Office in CA. You can find copies of filed surveys there if there are any affecting your property. If not, you really do need to get a survey before you make any assertions about what is on your property, your neighbors, or on the line. Making assumptions about your boundary location can be costly down the road.
Re: Who is Responsible for Retaining Wall Repairs
There may also be records from the last time a permit was pulled in relation to construction or repair of the wall / fence.
