U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > North Carolina > Raleigh, Durham, Chapel Hill, Cary
 [Register]
Raleigh, Durham, Chapel Hill, Cary The Triangle Area
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 11-04-2019, 10:36 PM
 
Location: Raleigh, NC
2 posts, read 203 times
Reputation: 10

Advertisements

I've lived in my house for over 8 years now and love my neighbors and neighborhood. My neighbor and I have generally gotten along well over the years and even go to dinner occasionally. I'm getting ready to put a 1.5 car garage in my backyard and would like to fix up my currently gravel driveway with pavers.

The trouble is my neighbor's 40+ year old retaining wall is falling apart and dirt is migrating onto my driveway. There are broken blocks, migrated broken blocks pushed out by a large oak tree that is right up against a section. of the wall. Plus a 15-20' section that is reinforced at the base with concrete and (exposed) rebar. A few years ago she removed an 8 ft section of wall behind my fence starting from my gate and there is now a build up of soil that has eroded and migrated from there onto my driveway. so my fence in that section is retaining her yard.

The wall ranges from about 3 feet high from my gate/fence to just past the tree...from there it tapers to 1 ft and less. The cost of replacing it much less than what I paid to replace my crumbling and deteriorating
5' retaining wall on the other side of my property in 2015. I've gotten quotes and have offered to pay to replace her retaining wall and remove the oak tree but she gets upset and angry every time I've broached the subject...roughly every 3 years or so. There are shrubs, hostas and gardenia plants she feels she would lose in the process of replacing the wall. She doesn't want to lose her plants.

The migrated sections of the retaining wall, concrete, and broken blocks are definitely encroaching on my property. I have tried to reassure her that I will do everything possible including potting her plants while the construction takes place but she's changed her mind about moving forward even though she has gotten quotes for the wall and removing the tree a few times over the past several years. She is now saying she is asking her attorney for advice and wants any new retaining wall to be on my property... which isn't very fair because there isn't a lot of space between my house and driveway and the current retaining wall. I don't know what my rights are for this type of thing and how to go about resolving the issue. Any advice and suggestions are greatly appreciated.

Apologies for the lengthy post!
Reply With Quote Quick reply to this message

 
Old 11-05-2019, 04:20 AM
 
917 posts, read 382,080 times
Reputation: 1032
You need to talk to an attorney.
Reply With Quote Quick reply to this message
 
Old 11-05-2019, 05:26 AM
 
Location: under the beautiful Carolina blue
17,360 posts, read 26,679,748 times
Reputation: 13334
If there’s an HOA get them involved too. Mine reluctantly got involved in a landscaping dispute because they knew the neighbors didn’t get along. But the one neighbor’s new landscaping had caused flooding on the other’s property. So when they came out in the rain and ended up ankle deep in mud they told the neighbor to do something about it.

Otherwise - she’s gone to an attorney so I’m not sure why you’re trying to resolve this with her directly. That’s her signal. You send yours back.
Reply With Quote Quick reply to this message
 
Old 11-05-2019, 08:19 AM
 
1,343 posts, read 841,638 times
Reputation: 1358
You have offered to do much much more than I would have. I'd get with an attorney, she can't build structures on your land without your permission (and I would not give her permission, you're just asking for more trouble).
Reply With Quote Quick reply to this message
 
Old 11-05-2019, 08:35 AM
 
Location: Somewhere
1,442 posts, read 1,937,852 times
Reputation: 2819
Is this situation causing stormwater to be diverted onto your property? If so and you live in Wake County you might want to read this from the Wakegov site.....

Can my neighbor direct his water onto my land?

If the higher landowner unreasonably diverts the flow of runoff, increases the flow, or contaminates the runoff in a way that causes material damage to the lower landowner, then the lower landowner can bring an action for an injunction and damages.

Landowners are considered equal under Common Law, whether they be private citizens, companies, road authorities, federal, state or local governments. So, if you get advice on Common Law drainage problems from a drainage contractor, a drainage engineer, a lawyer, a conservation authority, or a government agency, remember that it's not their responsibility to solve the problem. Only the courts can make a final decision in a dispute. To obtain a ruling by a court, a civil action must be initiated by the damaged party.
Reply With Quote Quick reply to this message
 
Old 11-05-2019, 11:43 AM
DPK
 
3,664 posts, read 3,998,903 times
Reputation: 4509
Also sounds like there's an issue with your fence now being a wall -- which it likely wasn't designed for being. In addition depending on the fencing material, what she has done will likely cause your fence to break down/destroy itself over time.

It does not take long for water to infiltrate stuff via soil and impact it.
Reply With Quote Quick reply to this message
 
Old 11-05-2019, 02:16 PM
 
2,017 posts, read 1,396,785 times
Reputation: 2241
Man, that sucks. Seems like you've been more than accommodating and you are dealing with an irrational neighbor. Don't have any advice for you, but am sorry you are having to deal with it.
Reply With Quote Quick reply to this message
 
Old 11-05-2019, 09:00 PM
 
Location: Raleigh NC
3,292 posts, read 7,369,826 times
Reputation: 3949
Instead of paying to have her wall rebuilt just pay to build a new one on your property.
Reply With Quote Quick reply to this message
 
Old 11-06-2019, 04:19 AM
 
Location: under the beautiful Carolina blue
17,360 posts, read 26,679,748 times
Reputation: 13334
Quote:
Originally Posted by underPSI View Post
Instead of paying to have her wall rebuilt just pay to build a new one on your property.
That doesn’t stop the crumbling wall from her property coming into his which is the crux of the problem.
Reply With Quote Quick reply to this message
 
Old 11-06-2019, 04:54 AM
 
Location: Cary, NC
34,293 posts, read 59,604,944 times
Reputation: 33317
Quote:
Originally Posted by underPSI View Post
Instead of paying to have her wall rebuilt just pay to build a new one on your property.

I tend to agree, particularly if the new wall leaves enough space for the driveway upgrade.
A <3' high wall doesn't require engineering or tie backs into the neighbor's property. I would probably go with a bulkhead style of wall.


Quote:
Originally Posted by twingles View Post
That doesn’t stop the crumbling wall from her property coming into his which is the crux of the problem.
Removing all debris, dirt, and roots encroaching onto the OP's property and adding a proper wall should address that issue.

Tangentially, I predict the dinners out together will be a thing of the past.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2016 data
Loading data...

123
Hide US histogram


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > North Carolina > Raleigh, Durham, Chapel Hill, Cary
Follow City-Data.com founder on our Forum or

All times are GMT -6.

© 2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top