lundi 2 avril 2018

Fences and Walls: Old Retaining Wall on Neighbor's Property Degrading

My question involves real estate located in the State of: New York

I'm hoping someone can help give me perspective on a retaining wall situation in New York. Here's the basics:

Property & house owned by a neighbor while mine was a lot waiting to be sold. Land is high at the street and low in the back yards, for both properties.

Before I bought, the neighboring house decided to dig out to expose their full-height basement and installed garage doors, a deep-hill driveway and a short retaining wall 6 inches on their side of the property line to hold up our property, putting the wall fully on their property (I was told—waiting on a survey next week to confirm).

My driveway parallels the wall around 10 or 12 feet away-- I left that property with just trees, and then my house further away from the property line.

The neighbor house has been sold at least twice since the retaining wall was built, with the current owners having been there more than 15 years. Over 30 years, their wall has been slowing sinking and degrading, and I just realized my land has been doing a very slow slide towards the neighbor's property. Since many of the bricks are loose and dislodged, things are only getting worse as far as support and the neighbor is already contentious in general.

I'm about 6 feet above their driveway for most of the length. The retaining wall is no more than 2 feet at its highest, and is as low as 1 foot at, ironically, the point my land is the highest (compared to their driveway), hence the degrading of my property.

So the degrading/sinking retaining wall is not providing appropriate lateral support to my adjoining property, but I am not on good terms to approach them. I'd like to see it fixed soon, and I'd like to see it replaced with a wall that actually correlates to the height the land was before their driveway was dug out.

They also tend to hire people who aren't trained in a specific field to do workaround their house, so I am concerned that they will try to build the wall below the 36-inch building permit limit so that they can just get a half-baked wall put in which wont be structurally sound in the long run, and won't be tall enough to restore the land between us.

How do I proceed?
What obstacles do I need to be ready for?
Did I miss something that would help you understand the situation?

Thanks!


Fences and Walls: Old Retaining Wall on Neighbor's Property Degrading

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