Legal Question in Real Estate Law in California

Neighbor's Responsibility For Shared Block Wall

Our backyard block wall was severely damaged in a 1994 Earthquake. The wall leaned forward into our backyard until we had it torn down in May of 1996 and rebuilt with the help of an SBA loan. (We were afraid it was going to eventually fall into our yard since it was tilting that way.) The neighbor behind us said she didn't have money to share the cost at the time and has never come forward with any payments whatsoever toward what is owed for their half. However, they've managed to do a lot of improvements to their property over the years, including major landscaping.

With so much time having passed, can we legally confront them about this debt and ask them to pay us for what they still owe us? Or is their a statute of limitations? If so, is our only recourse to put a lien on the property so that if it is ever sold, we can stake a claim? Or is this not possible, either. Where do we legally stand?

Thank you very much for your help.


Asked on 4/02/02, 10:56 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Neighbor's Responsibility For Shared Block Wall

The statute of limitations has long since run. So unless you can get them to reaffirm it. By telling you they'll pay someday. The game is over. It is best if in writing. However, a statement in front of witnesses would be just as good.

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Answered on 4/02/02, 11:01 pm


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