Legal Question in Real Estate Law in California

Does Retaining Wall Straddle Property line

My neighbor is building a retaining wall. Our fence was destroyed so he could dig down into the ground on his side. (He is doing an add on). How much should I be concerned that he puts a retaining wall that straddles the property line. Todate, only he has gotten a survey. I am concerned he may take a foot out (width of retaining wall) of my land. He has a tight squeeze on his add on.

How concerned should I be? Should I survey? What happens if my property line is different than his?

Thanks.


Asked on 5/31/05, 10:49 pm

1 Answer from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Does Retaining Wall Straddle Property line

You should get a survey and know your precise property lines for now and the future. If the survey shows that he has taken you land, he has trespassed and you will likely need to start a lawsuit asap. If you wait, he will acquire rights to the property. You may contact me if you think you need representation, I have fought many similar cases.

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Answered on 5/31/05, 11:43 pm


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