neighbor trouble

**peltaz** · 04-24-2007, 07:08 PM

I own a house which shares a good neighbor wall about 55 feet long and 5 feet high with my neighbor next door. It is extremely old and the footing has failed. It is now gradually falling into my yard. The wall is constructed of the same brick as my neighbor's house and is painted the same color yet she insists that the wall is mine and asks what I am going to do about it. She is crazy and unpleasant enough that I am willing to pay to have it replaced my way. My question is how do I protect myself legally so that I don't have to tear it down when she changes her mind or decides it's hers again?

**Alpharetta** · 05-03-2007, 12:12 PM

Do you have a survey? Have you determined if in fact this wall actually sits on one side or the other?

I am not a lawyer, but, if you try to get something in writing make sure that you say something like:

all parties agree that....

Adding in this language helps to clarify that both parties knowingly entered into and agreed about whatever is in dispute.

**tarheit** · 05-03-2007, 09:31 PM

In addition to checking the survey. Also check any zoning regulations, deed restrictions, subdivision covenants/rules, etc. Some may have something to say about what you are allowed to do.

-Tim

**OregonLO** · 05-04-2007, 01:48 PM

yeah, check with the city to see what the zoning is and if there are any restrictions to what you can do...etc.

and yes you did get owned NEWct...But that sucks and I'm sorry. Learning lesson I suppose?

**aprazma** · 06-12-2007, 06:22 PM

The part of her wall that is broken is encroaching on your land. You can go to court for relief in form of an injunction prohibiting the continued encroachment, or for an ejectment, which is an action for ouster and damages.

An encroaching party may have to remove the encroachment and pay damages caused by it.

This is not legal advice. Consult an attorney.

**VinLacava** · 06-28-2007, 08:46 AM

It is recorded somewhere, who's property is really is considered. Most likely check with the city about the zoning, and get a lawyer if needed. You should not have a problem since you are the one willing to work things out, you are smart to cover your back.