Legal Question in Real Estate Law in California

Fence/retaining wall

Dear Sir,

My neighbor removed all the dirt on his side of the fence, a drop of nearly four feet, holding up our boundary fence He proceeded to put up a concrete form to construct a retaining wall. I feared that his construction method of the wall was not op to code and could put my property in jeopardy.

To assure that my property would not be at risk I went to the Milpitas building department and asked if they would take a look at his ability to construct the retaining wall. The Milpitas building inspector immediately put a �Stop Work� order on the project.

I have pleaded with my neighbor to get in touch with me to resolve this dilemma and finish the retaining wall per Milpitas building code. He has not given me a response, the fence is in dire need of repair, and the fear of losing half my backyard that is bound to happen in the near future is my main concern.

What steps could I take to protect myself in the event the fence falls down and worst, sections of my property should break off?


Asked on 5/19/04, 1:59 am

5 Answers from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Fence/retaining wall

Well, unless you've graduated from law school and are a real estate expert the only thing you should do is get yourself on attorney who is a real estate expert. You're not just dealing with a point of law you're dealing with your house, backyard in the value of your residence. Screw it out and you screw up more than you can imagine. Therefore, make sure an attorney is protecting you and all of your rights. That's the only answer.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 5/19/04, 5:55 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Fence/retaining wall

Well, you have a problem. I can't give you anything certain since I have limited facts and I would need to see the property. However, I see a few possible solutions. 1) You can do nothing and if your fears materialize you can then sue him for the damage; or 2) You can go to court ASAP and get a restraining order against him to prevent any further actions that might damage your property and also seeking an injuction for him to restore/fix his property to eliminate his threat to you. It depends on how likely it is that his actions thus far will damage your property and the judge will consider the likelihood of harm to you versus the harm to him if he takes action or does not. If it is going to happen any minute and he is refusing to build to code anytime soon, you should hire an attorney ASAP and put an end to it.

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Answered on 5/19/04, 2:16 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Fence/retaining wall

Contact the building department and ask what action is being taken. Stress that the fence is collapsing and that it appears that a portion of your back yard is about to collapse where he has removed the earth. The building department should enforce the building code. If that does not provide satisfactory results then contact an attorney.

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Answered on 5/19/04, 2:20 am
Donald Holben Donald R. Holben & Associates, APC

Re: Fence/retaining wall

Seek the assist of an attorney.

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Answered on 5/19/04, 11:27 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Fence/retaining wall

Call the Cuildeeee and report your concerns. If a permit is required, and they have not issued one, they will issue a stop work order to the neighbor.

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Answered on 5/19/04, 11:55 am


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