Legal Question in Real Estate Law in Virginia
I live in Fairfax County, VA.
I own a property that has an easement created for my neighbor to access his front door. We have a dispute over a retaining wall that falls within my property but which he claims is also a part of an easement. Do I have a responsibility to replace a 10 foot failing retaining wall? Can I move the retaining wall to the property line since my neighbor is using the area for his personal use? In other words, who is responsible for maintaining the retaining wall?
1 Answer from Attorneys
The answer probably depends upon what the document which created this easement has to say about this kind of issue (if anything).
If nothing is referenced in the document, it would be my argument that
the responsibility for maintaining this wall should be his (assuming you derive no benefit from it) and, yes, if you want to move this wall to the property line, you should be able to do so (as long as such a move doesn't interfere
with his use of the easement).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
