Legal Question in Real Estate Law in New York

Wall

My neighbor is re-doing her house to

sell it, and has a built a cinderblock

wall between her yard and mine.

The wall does not have any drainage,

and is bound to buckle and fall after

a few years.

Previous to my purchasing the

house, there was a wall there which

was hit by lightening and fell apart.

My husband removed the wall and

told her he would replace it over time

(not fast enough for her).

Anyway, our property is about 1 1/2

feet higher than hers, so she needed

the wall there for aesthetics.

So, since she built the wall, will it be

our reposnsiblity when it falls? Will it

belong to the new owners of the

property she is selling?

Thanks for your time.


Asked on 8/17/07, 3:10 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Wall

You need to determine if the wall is on your property or your neighbor's.

Generally, you would not be responsible for maintaining a wall not on your property.

If the wall was built on your property without your consent and encroaches on your property, you can compel its' removal.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

Read more
Answered on 8/18/07, 1:53 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York