I have the same problem! I don't know what will happen if it rains super hard. I think I'm screwed!
I was hoping that among our great wonderful hobbyist in San Diego we might have a real-estate attorney? I have some questions and would like to know if I have a case? feel free to either e-mail me personally or respond here on the board.
#1 who's obligation is it to build a retaining wall? owner(1) of the property who's dirt is sliding/ falling on top of property owner(2)
Kisses & Licks........
Mara of San Diego
I have the same problem! I don't know what will happen if it rains super hard. I think I'm screwed!
Go to nolopress.com --- They may have the answer you are looking for.
Typically, walls between to adjoining properties are considered joint ownership (community property) unless the adjoining property owner is a local government or municipality. If 1 owner decides to re-build a fence because the fence is in disrepair, he/she (owner 1) can ask the adjoining property owner to help with the cost or labor since it would benefit both parties. Other arrangements can be made however for instance, each party as long as they agree can elect to pay for the next rebuild/repair of the community fence because fences/walls typically don't last forever. As far as the replacing of dirt or movement of dirt, proper permits must be secured in order for dirt to be replaced or moved from its original location due to the possibility of soil contaminates ie. oils, paints, and herbicides.
and the private e-mails as well.
The properties are :
1property- bottom of a hill ( 11 ft')
2nd property is at the top of the hill. The owners for the several years have built a deck on to this hill, this has caused the fence to bend over and all the dirt to fall on top of my land. I have a barbeque up against this fence and it is not longer usable.
The issue we are having is:
a- the land this deck is built on 11 ft'that separated our properties which is supposed to be shared by both parties however they have taken over. The deck has been taken down due to lack of permit/ safety from the city. However the dirt and damage to my fence still exist.
I hope this makes sense?
Kisses & Licks........
Mara
I'm a broker and a soils engineer. It's the downhill property owners responsibility to retain the uphill house and so on down the line.
Mara, if the lack of a retaining wall is damaging or even potentially damaging your property and you are in the City of San Diego's jurisdiction, you can call HOUSING AND CODE ENFORCEMENT and they are pit bulls who can force your neighbor not to "drool" on your land. Email me if you need more details!