samedi 27 août 2016

Fences and Walls: Can a Neighbor Building a New Retaining Wall Have a Footer Buried in My Property

We are located in California.

The neighbors home sits about 8 feet higher than our home. They have a gentle slope downward and then a fence/retaining wall which is about 40 inches high and a total of 40 feet wide. Our yard is perfectly flat from the wall to our back patio/back door. The neighbor says that the fence sitting on the retaining wall is 3 inches too far on his side and he would like to gain back that 3 inch difference. He wants to tear out the existing retaining wall (which is absolutely perfect right now) and rebuild a new wall/fence.

1. Am I legally bound to pay for this new wall or fence in any way?

2. Is he allowed to construct the footer (for the new wall) beneath my soil that protrude onto my property a few inches?

3. Is he allowed to have the new retaining wall straddle the property line so that his fence can be centered on top and therefore down the middle of both properties?

4. Do I have to grant him access to my property for his workers to install the forms and build this new wall? If so, does he have to put the yard back together that he will undoubtedly have to destroy with his equipment? (grass, trees, small planter boxes, etc.)

If you are aware of any places to look for these legal answers, please provide the links or the law so I may look further.

Thank you in advance!


Fences and Walls: Can a Neighbor Building a New Retaining Wall Have a Footer Buried in My Property

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