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Can a neighbor demolish a retaining wall?
J Our neighbor to the rear of our property installed a pool in an undersized area last year. He doesn’t have much room around the pool so he knocked down a retaining wall which was 5 feet interior to his property. Without our knowledge, he then bulldozed up to the cyclone fence separating our properties , excavating an area approximately 35’x5’ by 3’ high. The fence is loose and sections are damaged and hanging in mid-air. The soil is eroding from our property. The town of Brookhaven says the issue is not under its jurisdiction and classifies it as a dispute between neighbors. We consulted an attorney and was advised to wait until he finishes to ascertain damages.
My question at this point is: our house, which we purchased in 2002, was built in 1966. The neighbor’s house was built around 1999 or 2000. I believe the retaining wall was created when that house was built to level level the property.
5 Answers
- GypsyfishLv 73 years agoFavorite Answer
I don't understand the town's position. There are building codes in every town, and any project like this normally requires permits and inspections. Has he had those inspections? Is the town saying that their inspectors found nothing wrong with the way the pool was built? I would consult another lawyer.
- 3 years ago
the best thing is to ignore the advice of the lawyer and to seek advice from random strangers on this site who do not even know what state or nation you are in.
- ?Lv 73 years ago
If the town won't get involved there is nothing you can do, but he should pay to repair the fence.
- ?Lv 73 years ago
The wall is on his property, so of course he can get rid of it. Doesn't matter why someone built it to begin with. Wait until the project is done and assess the damages, as your lawyer has stated.
- yogicskierLv 73 years ago
If it's on his property, I don't know what recourse you have. I think the lawyer's right: wait and see.
You should also try to talk to your neighbor and work something out. Court's expensive.
