Whose responsiblility is it to maintain & repar a retaining wall?

Question

I am having an issue with the property owner next door who uses that home as a rental property. He has listed the property under an LLC.

So I have researched to assess that I can file a complaint through the Attorney General's Office. However, I'm trying to assess if anyone has had any similar issue with the maintaining of a retaining wall.

The retaining wall was built back when all of the properties were built. As some of the homes on this street are built on a slight hill that declines as you go down the street.

My home is on the upper part of the hill, so my property sits on a bit of a higher elevation in contrast to the neighboring home, but the retaining wall runs along both of our property lines.

Back in 2018, I had some damage due to a hurricane and a large tree that was in my yard fell on my fence, but it fell towards the neighbor's property. State Farm covered the damage of removing the tree and replacing the damaged fence.

I did not notice at the time, but the retaining wall that ran along that part of where the tree fell damaged the retaining wall. State Farm left it to me to try to get that property owner to file a claim through State Farm, that would not cost him anything, nor would it go against him in any way, but he refused.

One of his tenants had a dog and when that dog saw my dogs, the dog would dig and dug a huge hole where the missing retaining wall is supposed to be, so my dogs could get out and potentially attack that dog, etc.

So I temporarily had to block that hole, but I am trying to assess the best course of action. That property owner put the sole responsibility of the retaining wall solely on me as it being my responsibility to repair and maintain it.

Furthermore, the tenant's kids took some of the cinder blocks from the section of the retaining wall in the front of the yard and used them to mount their basketball goal.

**If I have redo the retaining wall, I'm assessing leaving the damaged wall and just trying to have another wall built behind it and behind my fence.

Has anyone had any experience with a retaining wall like this? If so, what was the outcome?

Bruce Woodruff · Answer

If it sits on both properties, then it is both of the owner's responsibility to maintain or repair it....

Lucas Gillmore · Answer

I would check with a lawyer then especially if it is going to be an expensive fix. In Iowa if a retaining wall is on a property line it is treated the same as a fence. which is a 50/50 split between two property owners. In fact in Iowa depending on where the issue is it could be completely your problem or theirs.

Nona Boyle · Answer

The retaining wall is sitting in the middle of the property line, the one side of the retaining wall is on my side and the other side of the retaining wall is on the other property's side.

Should I provide a blueprint copy of my property line, if I file a complaint? Or, should I get a surveyor to provide something?

I just want to cover myself in the event of any potential future issue.

Tim Miller · Answer

The retaining wall, do you know who's property it legally sits on? It doesn't matter who said it's his or it's yours. Where is the actual property line, that will tell you who is responsible for the wall.

We found our metal survey markers with a metal detector and was able to determined that our retaining wall belonged to us. If you can't fine your survey markers, you may need to get your property surveyed. Once that's done, then you can move forward with who needs to fix it.

Whose responsiblility is it to maintain & repar a retaining wall?

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