Legal Question in Real Estate Law in California
My neighbor and I share a boundary fence in California. At the base of the fence, though not connected to it, is a wooden retaining wall that keeps her garden soil from falling into my garden, which is at a lower elevation. Both structures were built before either of us purchased our properties. The fence needs stabilizing and I have proposed we split the costs for that 50-50. No problem. The retaining wall is rotting and must be replaced. I think she�s 100% responsible for replacing it but she wants to also split the substantial costs for that 50-50. Who has liability for this retaining wall? If it failed, it would very likely knock down the fence into my property and could damage/destroy fruit trees and other plantings, problems I suspect my insurer would look to the neighbor�s coverage to mitigate. We both hope to avoid this. Is there a clear legal precedent for who is liable for this particular wall -- uphill neighbor, downhill neighbor, both neighbors?
1 Answer from Attorneys
Generally, boundary line fences are the equal responsibility of each neighbor, unless one neighbor is responsible for damage. Maintenance and repair of the fence should be split 50/50. What is on your side of the fence is generally your responsibility and what is on her side of the fence is her responsibility. Your specific issue would probably goes outside the general rule. You may be right that the retaining wall on her side is her responsibility. But it seems that having it there is beneficial to you as well. If you are getting a benefit, it may be best to agree to split the cost of the retaining wall also. If she leaves it as is, and it fails, will you be harmed? Best to avoid that now if possible.
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