Uphill vs Downhill. Who's fence and responsibility??

[john70t]

On both sides of the rental are problems.

The uphill side has a fence falling into my driveway and a wall that is shifting over.
I can fix the fence easy, but the wall needs to have a channel and pit dug to keep the hydrostatic pressure from pushing it out any further.
Obviously that preventative work needs to happen on their side.

The downhill side has a fence which is also falling apart and ugly.
I could probably do any style myself.
Their backyard is a wild mess but hidden from view.
Slumlord owns the property, and doesn't even cut his front grass (I do it before it reaches a foot high)

[nota]

is it baby poo yellow ?

as a surveyor their fence should be on their side of the property line
other wise it is your fence if on your land
unless the original developer built the fence on the property line [rare]

[aap1966]

In Queensland (Australia) the rule is whoever is on the lower side of a dividing retaining wall is responsible. I'm not saying it makes sense.....
Any dumb ordinances like that where you are?

[john70t]

That would make sense aap.

Just trying to get some generalized background before I start getting into it.
Got enough projects already.

[nota]

lots of dumb laws
but as the land is flat
and stays put
no worry about retaining walls

[drcoastline]

Here in New Jersey two general rules regarding fences.

1. The fence must be erected 6" from the property line on the installers side. So if you and your neighbor both erected a fence there would be one foot of no mans land between them. Stupid and causes unsightly fence lines but that is how it works.

2. The finished side of a fence goes toward the neighbor or public.

Regarding the wall. Is it a divider or a retaining wall? A dividing wall may follow the fence rule. If it is a retaining wall clearly the responsibility of the property owner whose land it is retaining.

Laslty anything that encroaches on your property you have the right to remove. If the neighbor has a tree and a branch grows across the property line, you have the right to remove the branch up to the point it cross the property line. Same would stand for the fence. You can not remove what is on his side but you can remove what is on your side.

First thing you will want to do is get a survey.

[john70t]

If it is a retaining wall clearly the responsibility of the property owner whose land it is retaining.

Yes. It's a retaining wall, keeping the neighbor's ground from spilling onto mine.

It's not as bad as I thought, for now, but it would be a mess to replace.
I've visually noticed the lean and a few stones on top fell over this year.
All work would have to be done from my driveway which would affect my tenants and my business.
I want to prevent that from happening.

Is a simple letter enough? From a lawyer?
If more, what kind of engineer would I need for a professional 3rd party opinion?

Thanks for your responses.

[Formulareed]

I'm a land surveyor, so I deal with this all the time. The first step is to contact a surveyor in your area, I'd recommend getting a few bids, the bulk of the cost of the survey is how well the surveyor knows the area.

once you know who owns the wall, you can go from there with the replacement. The surveyor should understand the law and be able to give you some help. If things get ugly, your going to have to find a land use lawyer. The surveyor should know a few and can put you in touch.

Good luck.

[drcoastline]

Originally Posted by john70t

Yes. It's a retaining wall, keeping the neighbor's ground from spilling onto mine.

It's not as bad as I thought, for now, but it would be a mess to replace.
I've visually noticed the lean and a few stones on top fell over this year.
All work would have to be done from my driveway which would affect my tenants and my business.
I want to prevent that from happening.

Is a simple letter enough? From a lawyer?
If more, what kind of engineer would I need for a professional 3rd party opinion?

Thanks for your responses.

Good advice from formulareed. If it were me I would try and reach out to the property owners first. I would try and speak to them before anything. If that fails. Send them a registered letter return receipt and proof of mailing for regular mail. If that fails take your letter and certified receipt to a lawyer and then have them send a formal letter. A lawyer sending a letter automatically escalates a situation. Try and work it out first. In the event the situation does escalate the info you have will benefit you and it will show you attempted to work it out first.

Before sending the letter get the survey so you have accurate information to put in your letter. It reinforces your position.

[john70t]

That sounds about right dr, and thx to formula as well.

If the neighbor makes some drainage changes, hopefully replacement won't even be necessary.
I'll have to get started on that and see how it goes.