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Old 04-28-2011, 07:09 AM
 
Location: Haskell, NJ
44 posts, read 153,546 times
Reputation: 23

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There is a retaining wall that separates my property from my neighbor's property that is need of repair. Who would be responsible for the repairs- The one who's yard the wall is holding back, or the one on the lower side of the retaining wall, or are both responsible? Anyone know what the law states?
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Old 04-28-2011, 07:23 AM
 
1,527 posts, read 4,052,010 times
Reputation: 444
I think it's the responsibility of the one whose yard it is holding up.
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Old 04-28-2011, 07:43 AM
 
Location: West Orange, NJ
12,546 posts, read 21,326,972 times
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who's property is it on?
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Old 04-28-2011, 08:03 AM
 
312 posts, read 1,160,281 times
Reputation: 169
the home owner whose property is lower usually benefits the most from this retaining wall so my guess is that unless the wall is on his property and is causing a drainage issue on your property it would be pretty hard to convince the other home owner to fix this retaining wall.
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Old 04-28-2011, 12:27 PM
 
Location: Haskell, NJ
44 posts, read 153,546 times
Reputation: 23
we are waiting on a surveyor...but I think it is on my property, which is lower side of the retaining wall....so if it is mine...I guess I could take it down if I wanted too...but could negatively impact my neighbor's property...
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Old 04-28-2011, 12:45 PM
 
572 posts, read 2,014,533 times
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The person responsible is whoever's property the retaining wall is on. How did you purchase a home and not know where your property lines are or whose property the retaining wall is on?

Quote:
Originally Posted by JaredGN View Post
we are waiting on a surveyor...but I think it is on my property, which is lower side of the retaining wall....so if it is mine...I guess I could take it down if I wanted too...but could negatively impact my neighbor's property...
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Old 04-28-2011, 02:32 PM
 
Location: West Orange, NJ
12,546 posts, read 21,326,972 times
Reputation: 3730
Quote:
Originally Posted by JaredGN View Post
we are waiting on a surveyor...but I think it is on my property, which is lower side of the retaining wall....so if it is mine...I guess I could take it down if I wanted too...but could negatively impact my neighbor's property...
i think the neighborly thing to do would be to discuss that with your neighbor. but if it's your property, it's your responsibility to maintain it obviously.
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Old 04-28-2011, 04:56 PM
 
Location: Passaic county
1 posts, read 6,371 times
Reputation: 12
If the retaining wall is on your property, it's your responsibility. I went through this once and kept the wall in repair. It's a lot of work for the older walls. If the wall should collapse, you would be responsible for cleaning up any damage to your neighbor's property. They usually don't collapse suddenly; you just get blow-outs and pieces falling off. If you want to replace a retaining wall, it can be quite expensive and messy. My wall was about 50 ft and it would have cost around $70,000 to replace it. It was the old railroad tie type with preservatives, so they also must dispose of it properly.
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Old 05-02-2011, 10:02 AM
 
Location: Haskell, NJ
44 posts, read 153,546 times
Reputation: 23
thanks! I have the railroad type as just, just not $70K to replace it...
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Old 05-02-2011, 09:33 PM
 
Location: Montclair, NJ
478 posts, read 1,224,103 times
Reputation: 156
There must be a cheaper alternative. Those massive retaining walls at the development in Clifton where 3 and 46 come together are masonry with slots for rebar. They go up like leggos.
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