who's responsibility is to repair or replace the retaining wall in a house? Is it both neighbors?
Answers:
I recently had this situation at the house I was renting. There are good-neighbor fences with retaining walls there. The retaining wall and fence to the right side of the house collapsed during the rainy season. The neighbor was responsible for the retaining wall and my landlord was responsible for the actual fence. On the left side of the house, it would be the opposite, the landlord would pay for a retaining wall and the neighbor on the other side would pay for the fence.
If you have a good-neighbor fence with a retaining wall as I described above, your neighbor is legally responsible for 50% of the cost. If it is just a retaining wall shared with you and your neighbor, they should still pay 50% toward the overall cost. If it collapses and causes damage to your property, you could legally sue them for damages. It's in their best interest to conform and pay half the cost.
Other answers:
Depends whose side it is on.
Depends whose side it is on.
it doesnt matter whose side it is on or any other reason--the persons responsible are the owners of the property--whether one person or 50 people live there isnt important--the owners are responsible for all of it unless you have a contract stating they are not responsible while you are renting it--so if you own it--you are responsible--sucks that the law is that way--but thats the law--all persons are responsible for the items or property that they own..
Your neighbor most certainly does have a responsibility for the wall you share.
There may be some sort of neighbor dispute service in the city where you live. You may also check the housing authority. The repairs sound as if they would be required to be made to comply with building codes. A stiff letter from the housing authority may prompt your neighbor to act. The cost and time of a law suit make it your last resort option. Taking your neighbor to court ensures that you will never have an amicable relationship again, although the court has the authority to garnish wages and seize/auction personal possessions if they find in your favor.
I would contact the landlord tennant associations and housing authorities. They should know where you could go even if they can not help you. You shouldn't need an attorney either. A judge can look at this without representation and make a sound judgement. The filing fees vary by the state. If you do decided to take your neighbor to court, send a notorized letter certified mail to your neighbors address. Be polite and ask to resolve the matter outside of the legal system. Ask for any correspondance to be made in writing and give a deadline. File your papers after the deadline in your local court of common pleas. The court date will be anywhere from 3-9months after you file. There are limits as to how much you can get in small claims (fees are typically no more than $50 and this is where you want to file). These can range from $2000-$10,000 maximum depending on your local rules. Anything more has to go to a higher court and you will need an attorney.
If you have homeowner's insurance, your carrier will take care of all of this for you.
Check your deed for an easement. If it is there, then you are responsible. If it is not, then you are not
Ok, Ill help. It does matter which side it is on.
Double check me but i believe that the Left side facing out the back door is the neighbours and the right side yours.
Thats why when you see wooden fences The flat good side faces your yard and the one on right it faces the neighbours
Unless you both share cost and every eight feet it switches ..Crazy huh?
I think anyone who is willing to help pay for something is OK.
If you rent, then its the landlords responsibility, not yours. If you own the house, then you have to pay for it. If you rent, tell your landlord, and he will have to take care of the problem because he/she is the owner and they are responsible for the repairs
Gee i dont know what logic you are applying here but realistically the neighbour who has the higher property has a legal obligation to makesure his property does not slide into the adjoining property but that is english and Australian law does the same apply?