Legal Question in Real Estate Law in Texas

Who's responsible for the retaining wall

I live in subdivision where the original contractors (80's) put in railroad tie retaining walls between houses. I have walls on both sides of my property. One wall is 1 ft inside my property line -- it is 4 ft high and runs the length of the lot. This wall served no purpose for my home but it is holding up my neighbors yard/home. The deadmen in the wall actually go all the way to his foundation and in ground swimming pool. Who is responsible for the maintenance of the wall? The neighbor says I am and he wants me to fix it before it falls. I say it is his wall on my property since it is functioning to preserve his home and pool. My homeowners insurance says if I do anything to the wall and it causes his property to shift and damage then I am responsible for that as well. Whose responsibility is it to fix it?


Asked on 4/14/08, 7:27 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Who's responsible for the retaining wall

It's your responsibility and you may be liable if failure to maintain causes damage to his improvements. The reason you are responsible is that the wall was there before you bought your house. However, I would try and get him to share in the expense.

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Answered on 4/15/08, 9:31 am


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