Legal Question in Real Estate Law in Pennsylvania
retaining wall responsibility
The fire dept sent me a letter, requiring me to fix a wall on my property, behind a fire hydrant. My contractor started the work and was told by a neighbor that the fire dept sent the same letter to her. The fire dept says they couldn't dertermine who the wall belonged to, so they sent it to both of us, assuming we'd split the cost. My neighbor told the fire chief that the work didn't have to stop, but that she was not paying. Since the work has already started, how should I handle this? It seems unfair that I should have to pay the total cost; however, it also seems somewhat unfair that the neighbor should be forced to come up with money, now that I decided to hire a contractor. The fire dept seems to be in the wrong for sending the same letter to 2 different people. Any thoughts or suggestions?
2 Answers from Attorneys
Re: retaining wall responsibility
Two threshold questions.
How much is the work?
Is it to you advantage to own the wall?
If the cost of the work is not worth the time effort and expense to retrieve half or get the fire department to pay, its probably best just to eat iut.
If it is to your advantage to own the wall, your payment of the full amount is evidence of ownership if there is any future dispute.
Re: retaining wall responsibility
You do not describe whether the wall is a party wall shared by two owners. You must first determine who owns the wall. I can not determine that from the facts submitted. If it is a party wall both parties are equally responsible for the repair. I suggest that you not continue the repair until it is determined who is responsible. You might want to contact legal counsel to review this matter. It sounds like you own a condo and that it might be a party wall. Gerald Hershenson Esq. 215-579-9390
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