Legal Question in Real Estate Law in California

Retaining wall/property line

UPDATE TO RETAINING WALL QUESTION.

My retaining wall and fence above it was built years ago before I or my neighbor bought our houses.

The wall and fence are 2 feet inside of my property line.

Fence is old,ugly, wall is leaning slightly.

Neighbor wants it torn down and replaced.

Question- if it is on my propery and not in danger of destoying property if it does fall, does my neighbor have any legal right to have the wall replaced??

Remember, it is entirely on my property.

Thanks.


Asked on 10/04/07, 3:34 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Retaining wall/property line

The only thing I can think of is that the neighbor might report the situation to a city (or county) building inspector; even though the wall is not part of a building and even though you say (and even though you may be right) that it endangers nothing and no one, the inspector might have the authority and whim to red-tag it as some kind of code violation. Otherwise, a legal process such as a lawsuit to have the wall declared a nuisance needing abatement is a very long shot, and I don't think it would be successful, although you might have to put up a costly defense.

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Answered on 10/04/07, 6:28 pm


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