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<title>Who is responsible for this wall? in Home Repair &#x26; Improvement</title>
<link>http://www.dslreports.com/forum/r21052987</link>
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<language>en</language>
<pubDate>Sat, 04 Jul 2009 19:16:19 EDT</pubDate>
<lastBuildDate>Sat, 04 Jul 2009 19:16:19 EDT</lastBuildDate>

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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21063504</link>
<description><![CDATA[<A HREF="/useremail/u/155037"><b>Hall</b></A> : <div class="bquote"><small>said by  morbo <A HREF="/useremail/u/568336"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br> this guy isn't going to change. if it bothers you that much, you should move. keep in mind that you will have neighbors at your next place too. </div> That could be <b>worse</b>...]]></description>
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<pubDate>Fri, 05 Sep 2008 15:35:52 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21063483</link>
<description><![CDATA[<A HREF="/useremail/u/568336"><b>morbo</b></A> : my suggestion: move. <br><br>this guy isn't going to change. if it bothers you that much, you should move. keep in mind that you will have neighbors at your next place too. :)]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21063483</guid>
<pubDate>Fri, 05 Sep 2008 15:33:37 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21063259</link>
<description><![CDATA[<A HREF="/useremail/u/960947"><b>Kringle</b></A> : <div class="bquote"><small>said by  Lyserjic <A HREF="/useremail/u/653114"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br>Get a survey. Speaking as a surveyor.. <br> </div><div class="bquote"><small>said by  cissado <A HREF="/useremail/u/1520084"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br>His reply... "Noooooo, it's your wall" blah blah. He went home (his other home) to get the survey to show me... by the time he got back (he didn't find them btw), I had already goten my survey that I recently had done when I just bought the house. I showed him that the wall was indeed his and it started exactly where his property line started.<br> </div>Good reasoning on the necessity of a land survey, though.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21063259</guid>
<pubDate>Fri, 05 Sep 2008 14:54:28 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21063173</link>
<description><![CDATA[<A HREF="/useremail/u/653114"><b>Lyserjic</b></A> : <div class="bquote"><small>said by  cissado <A HREF="/useremail/u/1520084"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br>My neighbor's property which runs alongside mine and is separated by a wall and a fence that is falling apart and crumbling. My property line is exactly where his wall starts. The wall is 10 or so inches wide and is the beginning of his property. It pretty much runs along the whole length of our properties. <br><br>thanks for reading.<br> </div>Get a survey. Speaking as a surveyor..<br><br> The best way to solve this problem is to hire a Registered Professional Land Surveyor in your state to come out and establish the property line between your lot and his. Yes, this will cost you money. Perhaps he would be willing to split the cost with you? That would be the neighborly thing to do.<br><br>Until your common property corners are located, you can "he said, she said, the line is here, the line is there" this thing to death. A surveyor is the only person who can accurately (and in some states, legally) mark the line between your lots. If this gets drawn into a legal battle, the FIRST thing a judge is going to order is a survey.<br><br>A surveyor will use the legal description information from each of your deeds along with the monumentation set for your lot and/or subdivision (if platted) to properly locate the line.<br><br>Once the line is established, THEN you can argue over the improvements located along the line. Boundary laws vary from state to state, so if there is contested ownership to the improvements along the line, you may need to seek legal representation. (If you can't work it out with the neighbor)<br><br>Have the survey done first though. Taking legal action over a boundary dispute without a proper survey is like trying to ride a bicycle up a mountain with flat tires and a loose chain. ;)<br><br>-Lyseric ]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21063173</guid>
<pubDate>Fri, 05 Sep 2008 14:40:12 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21057746</link>
<description><![CDATA[<A HREF="/useremail/u/0"><b>anon</b></A> : I would call your insurance company. The erosion of that soil could cause damage  settling to your house.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21057746</guid>
<pubDate>Thu, 04 Sep 2008 16:24:21 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21057567</link>
<description><![CDATA[<A HREF="/useremail/u/1520084"><b>cissado</b></A> : LOL All great replies.<br><br>The "neighbor" doesn't live there. He owns the house and his son who I am friends with, lives there. I never see the "neighbor". <br><br>I'm really not trying to be an ass, I just wanted to know where I stand with the issue. I just vented while explaining the whole story. I do feel better now. ha. <br><br>He's an engineer and does everything himself. He would build the wall himself. <br><br>I would be game to anything, but I won't approach him anymore. I don't really care much about the wall, I just wanted to know the legalities for my info possibly in the future. I don't even go on that side of my house. Just the utility meter reader goes there once a month. <br><br>I'll post pics of his scratched side of his SUV. lmao.... <br><br>Thanks everyone. Good times.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21057567</guid>
<pubDate>Thu, 04 Sep 2008 15:55:05 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21057538</link>
<description><![CDATA[<A HREF="/useremail/u/960947"><b>Kringle</b></A> : <b>My</b> fences were 4 ft. high but my neighbour installed a pool in his back yard. This requires that he have 6 ft. high fencing around his back yard. Note that this is my fence between our properties. He got together with some of his buddies (after asking me if he could) and built a new 6 ft. fence along the same line (it's legally mine).<br><br>A little investigation and I found out that they had spent $1,000 in materials and about 48 <A HREF="http://beeradvocate.com/beer/profile/655/1798/">Boddingtons</a> to fuel the project. As they were finishing up I went over with 24 Boddingtons and he was overjoyed. About a week later, when I found him alone, I passed him a cheque for $500. What did he do? He told me that he had gone back to the lumber yard when he found out that they were having a sale and got a discount on the materials after the fact. He then proceeded to give me $120 back!<br><br>All that to say that I think you should be able to arrange something amicably before you find your heat pump in his driveway.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21057538</guid>
<pubDate>Thu, 04 Sep 2008 15:48:25 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21057386</link>
<description><![CDATA[<A HREF="/useremail/u/621746"><b>sawman</b></A> : "you took over cash"? What do you mean? "what it would have cost me to fence", so you didn't fence your yard? And he's the prick?]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21057386</guid>
<pubDate>Thu, 04 Sep 2008 15:20:11 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21057304</link>
<description><![CDATA[<A HREF="/useremail/u/0"><b>anon</b></A> : Split the cost--the prick that use to live nxt to me fenced his back yard with store bought wood fencing, when I got around to enclosing my yard I took over cash for 1/2 of what it would have cost me to fence that part of my yard-should have seen his face, but he was less a prick after that.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21057304</guid>
<pubDate>Thu, 04 Sep 2008 15:05:47 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21057103</link>
<description><![CDATA[<A HREF="/useremail/u/505827"><b>GlobalMind</b></A> : While from I suppose what would be a legal standpoint, by your survey it's his wall, his fence and is problem.  The neighbor (you) can make this an issue especially when the fence/wall intrudes on your property.  How much of a pest you decide to be about it is up to you. :)<br><br>I've known guys who make a big deal about it and the relationship with the neighbor goes down hill from there, and I've known some where it works out fine.  Truthfully the best - maybe not technically right - solution would be to split the cost. If he's really a cheapskate then this might be acceptable to him.<br><br>Now if your AC unit there or that post start to have issues because of erosion....you might have to take some more decisive action with the neighbor.<br><small>--<br><A HREF="http://www.theglobalmind.com">TheGlobalMind.com</a>  |  Speed costs money. How fast do you want to go?  |  Trust the instinct to the end, though you can render no reason. Ralph Waldo Emerson  <br></small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21057103</guid>
<pubDate>Thu, 04 Sep 2008 14:29:59 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21057035</link>
<description><![CDATA[<A HREF="/useremail/u/809009"><b>tcope</b></A> : <div class="bquote"><small>said by  Hall <A HREF="/useremail/u/155037"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br>Actually, those complaints should be anonymous... One could also arrange for the code-enforcement people to give a warning about the fence as well as a warning for some easily-fixable violation on the OP's property. ;) That way it might appear that the code people were simply in the neighborhood... When the neighbor complains about his warning, the OP can say "yeah, that sucks... they got me for 'fill-in-the-blank' too".</div>The reportes information is not given out... but who else is going to complain about a fence that really can't even be seen from the street? In my experience, the enforcement person will usually mention that they are responding to a complaint. But your right, the OP could try to cover it up. I'm just letting him know that a report could lead to problems.]]></description>
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<pubDate>Thu, 04 Sep 2008 14:17:41 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21057019</link>
<description><![CDATA[<A HREF="/useremail/u/155037"><b>Hall</b></A> : <div class="bquote"><small>said by  tcope <A HREF="/useremail/u/809009"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br> But you want to understand that your neighbor will be able to figure out who complained.<br> </div> Actually, those complaints should be anonymous... One could also arrange for the code-enforcement people to give a warning about the fence as well as a warning for some easily-fixable violation on the OP's property. ;) That way it might appear that the code people were simply in the neighborhood... When the neighbor complains about his warning, the OP can say "yeah, that sucks... they got me for 'fill-in-the-blank' too".]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21057019</guid>
<pubDate>Thu, 04 Sep 2008 14:14:30 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21056997</link>
<description><![CDATA[<A HREF="/useremail/u/809009"><b>tcope</b></A> : I did mention that you could call code enforcement and file a complaint but I'd do this as an absolute last resort. There might be an ordinance that states fences need to be kept in good condition. But you want to understand that your neighbor will be able to figure out who complained.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21056997</guid>
<pubDate>Thu, 04 Sep 2008 14:09:51 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21056990</link>
<description><![CDATA[<A HREF="/useremail/u/1289819"><b>nemo1966</b></A> : <div class="bquote"><small>said by  robbin <A HREF="/useremail/u/205331"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br>I'll play devil's advocate here. Lets say it is his wall and he decides to just remove it. Who stands more to loose?<br><br>I am curious that you don't know who the wall belongs to but the fence is "his". Where is the fence located? <br> </div>I don't understand "loose" what? Loose bricks in the wall?<br><br>BTW simple answer.... build your own wall on your property. Rocket science it ain't.<br><small>--<br><br></small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21056990</guid>
<pubDate>Thu, 04 Sep 2008 14:07:37 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21056969</link>
<description><![CDATA[<A HREF="/useremail/u/351108"><b>stinger</b></A> : These look like very nice homes and a very nice neighborhood. <br><br>Homeowners are already suffering enough. Declining property values and increasing taxes are stretching budgets and paychecks everywhere.<br><br>Here's a chance to create a little equity...the good neighbor kind.<br><br>Invite the neighbors over for a barbeque or backyard outing. Make a genuine effort to get to know the guy next door. You may discover that your neighbor (as I did this summer) doesn't have finances or the skills to make the repairs. If you have the skills and knowledge to do the job, offer your labor and knowledge assistance. If he/she starts saving now it can be a joint project for next summer. <br><br>At the very least, your neighbor will see how much pride you take in keeping your property in good repair and try to mimic your great example. <br><br>Nothing builds a quality life-long friendship faster than helping someone who needs it.<br><br>Worst case scenario, you will have made a good neighbor and we can all use one or more of those.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21056969</guid>
<pubDate>Thu, 04 Sep 2008 14:03:05 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21056948</link>
<description><![CDATA[<A HREF="/useremail/u/0"><b>anon</b></A> : Split the cost. Try being a friendly neighbor and forget your past differences. Everyone will be happier, and you might just make a friend.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21056948</guid>
<pubDate>Thu, 04 Sep 2008 13:58:28 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21056405</link>
<description><![CDATA[<A HREF="/useremail/u/612876"><b>gaforces</b></A> : Since a new fence/wall would benefit you both, you should try and negotiate to have each of you to pay half the expense.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21056405</guid>
<pubDate>Thu, 04 Sep 2008 12:08:02 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21055997</link>
<description><![CDATA[<A HREF="/useremail/u/155037"><b>Hall</b></A> : <div class="bquote"><small>said by  cocothebean <A HREF="/useremail/u/722122"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br> 3 feet of the end of each of your property is considered a setback... </div> Where, in Carson City NV ? These will vary by city and there's no national standard on this.]]></description>
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<pubDate>Thu, 04 Sep 2008 10:44:27 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21055576</link>
<description><![CDATA[<A HREF="/useremail/u/811675"><b>cdru</b></A> : Is it an option to grade it out and just remove the wall?]]></description>
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<pubDate>Thu, 04 Sep 2008 09:15:48 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21055536</link>
<description><![CDATA[<A HREF="/useremail/u/1520084"><b>cissado</b></A> : <div class="bquote"><small>said by  seaquake <A HREF="/useremail/u/351663"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br>I'd extend the fence :)<br><br>.  I thought you were originally talking about a several foot high wall as if your house sat 10 or 15 feet higher than his on a side of a hill.  I see that all the time in TN and that's not pretty.   </div>Here's the height of the wall. It is higher, but certainly not 10-15 feet. Yes, I do lose a lot of soil onto his driveway. Chunks of block (his cinderblock) and mud and now my rocks end up on his driveway all the time. In the first pic I posted, you can see the cinderblock leaning to the left and pushing on his fence. <br><br>In this pic below, I wanted to finish my stone wall wrapped around all the way to the left and up the whole length of our properties. That would have looked nice (IMO). Certainly better than what is there now. That front 12 or so feet of wall on the left, is his wall. He actually got upset that I finished my front stone wall one 10-12 inches onto his property. That first course on the left/front of my house, is his property. Ehhh, whatever. He said in case he wants to install a light post one day, he'll have a harder time doing it. lmfao!!! Yeah, he uses garbage ties to hold up his fence for 7 years, but he wants to install a light post on that corner of the property. Either way, on that point he is right and I am wrong, but like I said ehhh, whatever. <br><br> <IMG SRC="http://i37.tinypic.com/2cxfabk.jpg"> ]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21055536</guid>
<pubDate>Thu, 04 Sep 2008 09:07:39 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21055344</link>
<description><![CDATA[<A HREF="/useremail/u/589247"><b>whizkid3</b></A> : <div class="bquote"><small>said by  cocothebean <A HREF="/useremail/u/722122"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br>actually the fence is on the setback and should be removed!!!</div>Fences are always built close to the property line, on the setback (if any).<br><div class="bquote">3 feet of the end of each of your property is considered a setback that is suppose to be left open for utility companies and firemen/women to get around both house with fire hoses, and any other emergency personal to use, etc!!!</div>The actual setback lines vary, from zero feet (no setback) to sometimes often up to twenty feet (which is not typical for residential properties). There is no standard - it is what is in the municipal code that matters. Setbacks are primarily for aesthetic purposes, not for firemen. (Firelanes would be the requirement for firemen. Easements are utility clearances, and are contracted agreements between the property owners or municipality and the utility; and specify exactly what the requirements are.<div class="bquote">If your neighbor doesn't want any part of it tear it down!!!</div>And then you may have to buy him a new one.]]></description>
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<pubDate>Thu, 04 Sep 2008 08:15:16 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21054925</link>
<description><![CDATA[<A HREF="/useremail/u/205331"><b>robbin</b></A> : Depends on the easements which are recorded with the property legal pages. The utility company only has rights where they have an easement. Once again, if the fence is on the neighbors property then the OP has no right to tear it down!]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21054925</guid>
<pubDate>Thu, 04 Sep 2008 02:42:58 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21054914</link>
<description><![CDATA[<A HREF="/useremail/u/722122"><b>cocothebean</b></A> : Yes, where I live the city doesn't say anything about fences on the line, but if utility or emergency personal need that area your fence is scrape wood/iron, it gets torn down and it's your problem and the utility companies can charge you for the labor to rip it down!!!]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21054914</guid>
<pubDate>Thu, 04 Sep 2008 02:36:53 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21054912</link>
<description><![CDATA[<A HREF="/useremail/u/205331"><b>robbin</b></A> : Interesting concept -- around here we fence to the property line. It would be illegal to tear down a fence on a neighbors property where I live.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21054912</guid>
<pubDate>Thu, 04 Sep 2008 02:33:54 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21054889</link>
<description><![CDATA[<A HREF="/useremail/u/722122"><b>cocothebean</b></A> : actually the fence is on the setback and should be removed!!!<br>3 feet of the end of each of your property is considered a setback that is suppose to be left open for utility companies and firemen/women to get around both house with fire hoses, and any other emergency personal to use, etc!!!<br>If your neighbor doesn't want any part of it tear it down!!!<br>Some places cities/towns don't acknowledge this!!!]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21054889</guid>
<pubDate>Thu, 04 Sep 2008 02:23:39 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21054832</link>
<description><![CDATA[<A HREF="/useremail/u/809009"><b>tcope</b></A> : I agree with others... I don't see the problem. I can't see that you'd loose dirt but if you are, is this concerning you? How would repairing a chain link fence keep dirt on your property? You've not asked him about it in the past 7 years? Personally, I not build another fence on your property... I think that would look terrible. As a last resort you could call code enforcement to see if they can do anything about the issue.]]></description>
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<pubDate>Thu, 04 Sep 2008 01:55:33 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21054602</link>
<description><![CDATA[<A HREF="/useremail/u/889509"><b>sailor</b></A> : What is the purpose of all those rocks? For drainage or decoration or?  I'm always picking up large rocks from the Long Island sound and have them all around..They make great weights for BBQ covers or whatever..Will do something decorative with them some day.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21054602</guid>
<pubDate>Thu, 04 Sep 2008 00:47:26 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21054588</link>
<description><![CDATA[<A HREF="/useremail/u/465540"><b>acid343211</b></A> : Why should you fix his wall?]]></description>
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<pubDate>Thu, 04 Sep 2008 00:45:33 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21054525</link>
<description><![CDATA[<A HREF="/useremail/u/326902"><b>james</b></A> : <div class="bquote"><small>said by  cissado <A HREF="/useremail/u/1520084"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br>Well, he's a pretty cheap guy. Got a lot of money, but cheaqp.</div>Can't get rich by spending money!<br><br>One thing you could do is build a wall along the outside there, but turn it into a path of some manner. That way you dont feel like you're losing any useable land. Then let him rebuild his fence, or build a fence of your own if you have the money.<br><br>I maked you a pretty picture of what you could do:<div class="borderless"><TABLE WIDTH=95% align=center border=0 CELLPADDING=4"><TR><TD ALIGN=CENTER VALIGN=CENTER BGCOLOR=#FFFFFF nwrap COLSPAN=3 WIDTH=100%><A HREF="/speak/slideshow/21054525?c=1346237&ret=L2ZvcnVtL3IyMTA1Mjk4Ny54bWw%3D"><IMG class="apic" BORDER=0 TITLE="210045 bytes" WIDTH=600 HEIGHT=450 SRC="/r0/download/1346237.thumb600~99b71d3ce3e4c79a1b22f1afe4f1afe5/rm7d6s.jpg/thumb.jpg" ALT="Click for full size"></A></TD></TABLE></div>]]></description>
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<pubDate>Thu, 04 Sep 2008 00:28:06 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21054401</link>
<description><![CDATA[<A HREF="/useremail/u/589247"><b>whizkid3</b></A> : Crazy Ivan - lol.<br><br>Its his problem. Unfortunately, you have to look at it. My suggestion is to put up a new fence directly inside your property line. Put up a solid, vinyl fence as tall as local codes allow. Then you won't have to see his rickety fence (he'll tear it down anyway), nor will you have to see him.]]></description>
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<pubDate>Wed, 03 Sep 2008 23:54:23 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21054135</link>
<description><![CDATA[<A HREF="/useremail/u/351663"><b>seaquake</b></A> : I'd extend the fence :)<br><br>So long as no damage is done to your property I wouldn't worry about it.  I thought you were originally talking about a several foot high wall as if your house sat 10 or 15 feet higher than his on a side of a hill.  I see that all the time in TN and that's not pretty.  Without the wall, both neighbors lose....<br><br>Anyway, just glimpsing at that picture, the wall probably failed due to water runoff from the driveway.  Water likely eroded away the soil to the side and under the wall causing it to fail...obviously it wasn't built very well.<br><br>Extend the fence and you won't have to look at that disaster anymore.]]></description>
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<pubDate>Wed, 03 Sep 2008 23:02:30 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21054039</link>
<description><![CDATA[<A HREF="/useremail/u/0"><b>anon</b></A> : Don't know bout NJ but in Indiana there is supposed to be kind of an easement between properties so things like that don't happen.  If that is the case then he is responsible for upkeep of the wall, but you could have a court order to have it removed at his expense.]]></description>
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<pubDate>Wed, 03 Sep 2008 22:46:09 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21053653</link>
<description><![CDATA[<A HREF="/useremail/u/0"><b>anon</b></A> : 7 years and they haven't done anything... I would build a new wall on my property and stop worrying about it.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21053653</guid>
<pubDate>Wed, 03 Sep 2008 21:30:45 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21053649</link>
<description><![CDATA[<A HREF="/useremail/u/580037"><b>Tursiops_G</b></A> : It's His Wall, His Fence...<br>HIS Problem. ;)<br><br>If it degrades to the point of causing damage to YOUR Property (Soil Erosion, etc.), Then HE should be held responsible for performing any necessary repairs. :p<br><br> -Tursiops_G.<br><small>--<br>If You're Unsure, "RTFM"... If You're SURE, "RTFM" Anyway. ;)</small>]]></description>
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<pubDate>Wed, 03 Sep 2008 21:30:02 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21053468</link>
<description><![CDATA[<A HREF="/useremail/u/1520084"><b>cissado</b></A> : Here it is. lol My property ends at the line of rocks. The white fence in the distance is mine but it is a good distance on my property, not right on the line. The "wall" is not even there really in the pic. This was taken many years ago. Trust me, it is a lot worse now. The whole fence is slanting like the middle there. It really does poke you in the eye if you don't walk to the left of the driveway there. How many times did he get his truck scraped from that? lmao. <br><br> <IMG SRC="http://i35.tinypic.com/rm7d6s.jpg"> ]]></description>
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<pubDate>Wed, 03 Sep 2008 20:59:31 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21053435</link>
<description><![CDATA[<A HREF="/useremail/u/1520084"><b>cissado</b></A> : <div class="bquote"><small>said by  ninjatutle <A HREF="/useremail/u/1308792"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br>Sounds like you already know whos responsible for the wall. <br> </div>I do appreciate all the replies. I also do know that legally SOMEONE is responsible for it. Maybe different cities have different codes, I don't know. In the end, I'll have to speak with a building inspector in my city or someone else who knows the codes here. That will be my answer I guess. I just thought it was, I don't know, maybe 'common knowledge' among certain contractors or professionals who do this work. I see there are knowledgeable people here, so I thought I'd throw the question out there before I went to my local officials and they saw that yes I did have to fix it, and ASAP, or I'd start getting fined. lol<br><br>Thanks for the replies.]]></description>
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<pubDate>Wed, 03 Sep 2008 20:51:48 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21053357</link>
<description><![CDATA[<A HREF="/useremail/u/1308792"><b>ninjatutle</b></A> : Sounds like you already know whos responsible for the wall. ]]></description>
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<pubDate>Wed, 03 Sep 2008 20:36:13 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21053131</link>
<description><![CDATA[<A HREF="/useremail/u/1520084"><b>cissado</b></A> : <div class="bquote"><small>said by  MrFixitCT <A HREF="/useremail/u/252964"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A>  :</small><br><br><div class="bquote"><small>said by  cissado <A HREF="/useremail/u/1520084"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A>   :</small><br><br> Maybe the answer is I need a wall separate from his on my property and not rely on his? <br> </div>That'd be my move, leave nothing to chance even if it costs you a foot of property..<br> </div>Yep, I was afraid of that. In NJ here we don't have the luxury of huge properties, so I don't have much room for another wall. It's not impossible, but just wouldn't be right.<br><br>That is the reason I originally contacted him with me paying for the wall on his property. I would shore up my house, he would have a new wall, my property would not get smaller... In theory everyone would be happy. <br><br>The dotcom buble has exploded and I can't really be throwig away 10's of thousabds of dollars now. lol<br><br>He should have taken the offer when 'something'.com stock was $600/share damnit!!! lol]]></description>
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<pubDate>Wed, 03 Sep 2008 19:54:28 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21053105</link>
<description><![CDATA[<A HREF="/useremail/u/252964"><b>MrFixitCT</b></A> : <div class="bquote"><small>said by  cissado <A HREF="/useremail/u/1520084"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br> Maybe the answer is I need a wall separate from his on my property and not rely on his? <br> </div>That'd be my move, leave nothing to chance even if it costs you a foot of property..]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21053105</guid>
<pubDate>Wed, 03 Sep 2008 19:49:33 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21053084</link>
<description><![CDATA[<A HREF="/useremail/u/1520084"><b>cissado</b></A> : <div class="bquote"><small>said by  robbin <A HREF="/useremail/u/205331"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br>I'll play devil's advocate here. Lets say it is his wall and he decides to just remove it. Who stands more to loose?<br><br>I am curious that you don't know who the wall belongs to but the fence is "his". Where is the fence located? <br> </div>The fence and the wall is his. The fence sits inside of the wall. My question is really a legal one in who is rsponsible for retaining wall there. Maybe the answer is I need a wall separate from his on my property and not rely on his? I don't know. <br><br>I'm not trying to get something for fre here. Just want to know where I stand. thanks for the replies.]]></description>
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<pubDate>Wed, 03 Sep 2008 19:45:49 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21053065</link>
<description><![CDATA[<A HREF="/useremail/u/1520084"><b>cissado</b></A> : <div class="bquote"><small>said by  ninjatutle <A HREF="/useremail/u/1308792"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A> :</small><br><br>Just split the cost<br> </div>Well, he's a pretty cheap guy. Got a lot of money, but cheaqp. No big deal. I don't care.<br><br>I did offer to replace the whole wall at my expense many years ago when I had a ton of money and was working on rehabbing my house. He said "Oh yeah, you should fix the wall. It's your wall and it's about time you did so." lol ummmm... NO, that's not my wall. It's yours BUT I will still replace it at my expense while I'm doing all this other work..<br><br>His reply... "Noooooo, it's your wall" blah blah. He went home (his other home) to get the survey to show me... by the time he got back (he didn't find them btw), I had already goten my survey that I recently had done when I just bought the house. I showed him that the wall was indeed his and it started exactly where his property line started.<br><br>His reply... "Ohhh, OK, I didn't now that. Well, now that I know it's mine, I'll fix it myself."<br><br>7 years later.... mud and rocks still in his driveway. I won't pay for anything at this point if I don't have to, but if it's on me, I would of course do what I have to do.]]></description>
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<pubDate>Wed, 03 Sep 2008 19:42:50 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21053063</link>
<description><![CDATA[<A HREF="/useremail/u/161103"><b>SandShark</b></A> : It's <i>your</i> soil and rocks (property) that are falling onto his driveway.  For that reason alone, I think you two need to reach an amicable agreement and get something done.]]></description>
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<pubDate>Wed, 03 Sep 2008 19:42:11 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21053043</link>
<description><![CDATA[<A HREF="/useremail/u/205331"><b>robbin</b></A> : I'll play devil's advocate here. Lets say it is his wall and he decides to just remove it. Who stands more to loose?<br><br>I am curious that you don't know who the wall belongs to but the fence is "his". Where is the fence located? ]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21053043</guid>
<pubDate>Wed, 03 Sep 2008 19:37:56 EDT</pubDate>
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<title>Re: Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21053011</link>
<description><![CDATA[<A HREF="/useremail/u/1308792"><b>ninjatutle</b></A> : Just split the cost]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/remark,21053011</guid>
<pubDate>Wed, 03 Sep 2008 19:33:47 EDT</pubDate>
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<title>Who is responsible for this wall?</title>
<link>http://www.dslreports.com/forum/remark,21052987</link>
<description><![CDATA[<A HREF="/useremail/u/1520084"><b>cissado</b></A> : My neighbor's property which runs alongside mine and is separated by a wall and a fence that is falling apart and crumbling. My property line is exactly where his wall starts. The wall is 10 or so inches wide and is the beginning of his property. It pretty much runs along the whole length of our properties. <br><br>My land is about 3 feet or so above his, so all my soil and rocks and everything that is on my land is falling into his driveway. His fence is on an almost 45% angle onto his property! lol He fixes the fence every two years or so when it almost hits him in the face I guess, or if he has to walk in the center of his driveway to avoid it hitting him in the face. lol wtf???<br><br>Anyway, I already offered him to replace the wall at MY EXPENSE. Long story short, he thought it was my wall. I showed him that it wasn't, he said he'll fix it then. <br><br>That was 7 years ago.<br><br>Anyway, who needs to fix it? It is on his property but I think I have to shore up my soil or something, right?<br><br>I think I have a very old pic. Not sure it would help, but it's pretty funny to see the wavy fence. Now 5 or so years after the pic, it looks much worse. Mud and everything on his driveway. idiot!<br><br>thanks for reading.]]></description>
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<pubDate>Wed, 03 Sep 2008 19:30:15 EDT</pubDate>
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