A neighbour's wall is collapsing due to soil weight. It was not made as a retaining wall. What can we do?

Question

There is a wall at the top of our terraced garden over 6ft tall. About 10 years ago the wall was okay. It may be about 100 years old. Then a couple of years ago I noticed a few holes where stones had fallen out. I looked over the wall and he has levelled his garden so that it is now the same height as the wall. We approached him asking him to check his deeds as ours show that the wall is his. He told us that he didn't mind if we rebuilt the wall. We said that it isn't our wall to rebuild. We stopped our children playing in the back garden from then on. It's 2 yrs later and the wall has got huge holes in it. We are thinking about making a retaining wall in front of it but are worried as it may collapse on the workmen while they build. In the news today I read of a retaining wall falling on a 3 yr old. We have a 3 yr old - We will take him to court - but we need to act fast - what can we do?

Answer 1

Several ideas ... and building your own wall is not on the list.

1 - Send him a certified, return reciept letter officially notifying him that the wall is in poor condition, that you feel it is unsafe, and that you will file a claim against his homeowner's insurance when it collapses and damages your property.

2- Notify YOUR insurance company with pictures, and his address, and let them know that there is a hazard. Ask them if they can notify his insurance company of the hazard.

3-  Notify the city planning and zoning, because filling a slope requires permits and engineering.  He'll get a fix it of else ticket from them.

Answer 2

The problem with building anything, is, it is now your problem. If he built the wall or the people before him built it it is his problem. If it is stoping you from enjoying your property then he must get it fixed and brought up to safe standards.

I would suggest A- go to city hall and find out who owns that wall and therefore who is responcible for it.

B- if it is your neighbour, go to him and tell him of your concerns. If he won't do anything talk to the city building inspector. If he wont do anything talk to the mayor. and then if that doesn't work talk to a lawyer.

Your children are in danger. s***w BEING A NICE GUY! PROTECT YOUR KIDS!!!

PS don't just talk to any of these people, put your concerns on paper and hand it to them. Make copies of each document you hand out and write in the date and time and who you handed it to. If this ends up in court this will help show you have tried to settle this as neighbours not as a crank.