Legal Question in Real Estate Law in Georgia

retaining wall - subdivision

I live in a subdivision built in 1994. I would like to know who is responsible for the upkeep of the retaining wall (seemingly holding up?) my house. I have been told it is th neighbor but that makes no sense to me as 1) why should they care to upkeep the wall if it is not affecting their property and 2) what if the wall was build during the initial developement of the subdivision and not requested by either of us as we are not the original buyers? Furthermore, I have found that the wall was not built properly and have had to 'jack up' one side of my house (because of a crack running down the entire length of the concrete slab and half the house sinking) - that cost $8,000 by itself. I am getting very pissed off that I cannot get any solid answers from anyone. It is obvious the wall was not built properly in the first place but I have been told I have missed the 10 year mark to be able to go after anyone about it.

Are there any answers? Who can I contact for more information? BTW, not all the properties in the subdivision have retaining walls but I have noticed only ours seems to be built incorrectly.

Please help. I cannot take this ''not knowing'' who to turn to anymore.

Thank you.


Asked on 12/30/05, 11:25 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: retaining wall - subdivision

You failed to clearly state the most important detail - who's property is the wall on? In 99% of cases, that'll be the answer to the question of who is responsible to maintain it. If it is on the neighbor's property, there may be a requirement that they provide lateral support for your property, but that would take more details than posted.

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Answered on 12/30/05, 11:34 am


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