My question involves a law issue in the State of: Hawaii
Hello, thanks in advance for your help with my question.
I have a property located in a area known for shifting/subsidence. When I purchased the property, I had the house re-supported on deep foundations (pilings) and had a 45ft long by 6ft tall section of CRM retaining reconstructed. The original existing wall began to settle, crack and shift down slope which was why it was replaced. The wall was engineered and constructed using a licensed contractor and permitted through city and county.
My property elevation sits approximately 12ft above that of my neighbors. My new retaining wall is 6ft tall and sits almost directly above my neighbors retaining wall which is 6ft tall. there is a couple feet between each retaining wall. My neighbors retaining wall is original construction from 1950's and there are no records of construction. Their wall has been leaning and loosing structural integrity for many years and even before the neighbors acquired their property several years ago.
My question is, how do I determine whose wall is whose? What wall (if any) are shared?
A property survey I had conducted when I purchased the home 2 years ago shows the lower wall entirely on the neighbors property and the upper wall on my property. During a recent heavy rain event, a portion of my neighbors retaining wall collapsed. The wall sits fully on their property, however, the failed wall retains my property's soil. To make things worse, the failed section of wall directly retains/supports soil that my upper retaining wall rests and relies on for support. Therefore, my wall appears to be moving due to the failed wall. Another note, my neighbors claim to have two property surveys showing that the failed section of wall has been on the move for several years and they claim that the failed wall was once on my property but has migrated off my property onto their property. The failed section of wall is part of one very long retaining wall. This very long wall has a 90-degree radius/bend. So, it extends directly through their back yard, runs toward my property, just before our property line, it bends 90-degrees and runs to the front of their property. A portion of the 90-degree radius is what failed. How can they claim that a small 10ft long section of their long wall, which is constructed fully on their property, is my responsibility to maintain/replace? They would respond saying that since the radius portion of their wall supports my soil, that section is my responsibility to repair and maintain.
As a courtesy, I have offered to pay for the failed section of wall to be replaced (building permit, design, engineering and construction) in its entirety just to move on from this issue. They have rejected my offer and are asking for more!!! way more!! They are claiming that my new wall (which was nearly a mirror image of the existing wall) has added pressure to the slope and caused their retaining walls which are far removed from the property line to lean over and begin to crumble. These neighbors seem to be wanting something for nothing and think they will sue me for the sun moon and the starts. Given that this is America, and common sense doesn't always prevail, I need to know the facts regarding this situation and how to best protect myself. I believe they can make a small claim much bigger with their imagination.
Hello, thanks in advance for your help with my question.
I have a property located in a area known for shifting/subsidence. When I purchased the property, I had the house re-supported on deep foundations (pilings) and had a 45ft long by 6ft tall section of CRM retaining reconstructed. The original existing wall began to settle, crack and shift down slope which was why it was replaced. The wall was engineered and constructed using a licensed contractor and permitted through city and county.
My property elevation sits approximately 12ft above that of my neighbors. My new retaining wall is 6ft tall and sits almost directly above my neighbors retaining wall which is 6ft tall. there is a couple feet between each retaining wall. My neighbors retaining wall is original construction from 1950's and there are no records of construction. Their wall has been leaning and loosing structural integrity for many years and even before the neighbors acquired their property several years ago.
My question is, how do I determine whose wall is whose? What wall (if any) are shared?
A property survey I had conducted when I purchased the home 2 years ago shows the lower wall entirely on the neighbors property and the upper wall on my property. During a recent heavy rain event, a portion of my neighbors retaining wall collapsed. The wall sits fully on their property, however, the failed wall retains my property's soil. To make things worse, the failed section of wall directly retains/supports soil that my upper retaining wall rests and relies on for support. Therefore, my wall appears to be moving due to the failed wall. Another note, my neighbors claim to have two property surveys showing that the failed section of wall has been on the move for several years and they claim that the failed wall was once on my property but has migrated off my property onto their property. The failed section of wall is part of one very long retaining wall. This very long wall has a 90-degree radius/bend. So, it extends directly through their back yard, runs toward my property, just before our property line, it bends 90-degrees and runs to the front of their property. A portion of the 90-degree radius is what failed. How can they claim that a small 10ft long section of their long wall, which is constructed fully on their property, is my responsibility to maintain/replace? They would respond saying that since the radius portion of their wall supports my soil, that section is my responsibility to repair and maintain.
As a courtesy, I have offered to pay for the failed section of wall to be replaced (building permit, design, engineering and construction) in its entirety just to move on from this issue. They have rejected my offer and are asking for more!!! way more!! They are claiming that my new wall (which was nearly a mirror image of the existing wall) has added pressure to the slope and caused their retaining walls which are far removed from the property line to lean over and begin to crumble. These neighbors seem to be wanting something for nothing and think they will sue me for the sun moon and the starts. Given that this is America, and common sense doesn't always prevail, I need to know the facts regarding this situation and how to best protect myself. I believe they can make a small claim much bigger with their imagination.
Property Boundary Lines and Retaining Wall Ownership
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