California | Real Estate Law
Legal Question
Retaining wall and garage on neighbors' property
I recently purchased a house that sits at the base of a hill. In my backyard is a retaining wall against the hillside where my neighbor's house sits. Recent rains have caused the wall to come apart, threatening a landslide into my yard. My neighbors and I had a survey done and found that the wall is on their property. It's very old and we don't know who built it. My garage also encroaches one foot onto their land and 3 feet onto another neighbor's land. I knew none of this when I purchased the property. Who is responsible for fixing the wall and what I do about the garage? I don't know when the garage was built, but it is at least 4 years old.
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Legal Answer
Re: Retaining wall and garage on neighbors' property
This should have been disclosed to you when you purchased the property, if known. Need more info such as the length of ownership of prior owners. You likely have prescriptive rights re your garage onto neighbor's property. Need more info. As to repair of fence, need more info also. Likely to your benefit to protect your home. Neighbor above may have some responsibility to support. Call to discuss.
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Donald R. Holben & Associates, APC 5030 Camino de la Siesta, Suite 350 San Diego, CA 92108
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