My question involves real estate located in the State of: California
My question is trying to sort out who pays for a failing retaining wall. I had the help of a licensed qualified attorney help me prepare a Civil Code 841 Notice to my coterminous property owners to split the cost. I am the downhill neighbor. The prior fence was centered on top of the retaining wall. He wrote the notice to include the fence and the retaining wall. It is presumed the existing retaining wall and fence were centered on the property line, but no one knows for sure and no one disagreed it was on the boundary line. The attorney told me I did not need a survey due to the fact that no one was disputing the existing structure in on the property line. He told me not to spend the money so I didn't. The upper neighbor says the retaining wall is my sole problem to replace. I just want to do what is fair and legal. In past posts I see 841 cited and 832 cited in responses, but is there a clear cut legal conclusion? Again, no one knows when the wall was built. They only know when the houses were built. I am the lower neighbor and my house was built a few years later than the upper slope neighbor.
My question is trying to sort out who pays for a failing retaining wall. I had the help of a licensed qualified attorney help me prepare a Civil Code 841 Notice to my coterminous property owners to split the cost. I am the downhill neighbor. The prior fence was centered on top of the retaining wall. He wrote the notice to include the fence and the retaining wall. It is presumed the existing retaining wall and fence were centered on the property line, but no one knows for sure and no one disagreed it was on the boundary line. The attorney told me I did not need a survey due to the fact that no one was disputing the existing structure in on the property line. He told me not to spend the money so I didn't. The upper neighbor says the retaining wall is my sole problem to replace. I just want to do what is fair and legal. In past posts I see 841 cited and 832 cited in responses, but is there a clear cut legal conclusion? Again, no one knows when the wall was built. They only know when the houses were built. I am the lower neighbor and my house was built a few years later than the upper slope neighbor.
Fences and Walls: Retaining Wall and Fence Responsibilities
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