Interesting Legal Dilemma

[Scott Weaner]

I have an interesting legal dilemma. I own an unusual property in Mount Laurel. It is a townhome-type property that consists of 1/2 of the 2nd floor and the 3rd floor of a 3 story building. The lower unit has the 1st and 1/2 of the second. it has a shared driveway. The backyard is strictly owned/used by the 1st-floor owner who is an absentee landlord. That unit is unoccupied. I have already done roof and driveway repairs at my expense.

The neighbors are complaining that a retaining wall in the backyard is collapsing. This retaining wall is there due to a change in elevation between the 2 connected properties. My feeling is that this would be the responsibility of the owner of the lower unit. Of course, I could be totally wrong...nothing new there!

Any thoughts?