How Can I Protect My Property if My Neighbor's Retaining Wall Is Collapsing?

Local Laws

• Check with your city government about laws regarding retaining walls. In most cases, the retaining wall is the responsibility of both property owners affected. This would mean that you should split the repair costs with your neighbor. Some cities give responsibility to only one party. Legal responsibilities don't necessarily mean that your neighbor will take care of the problem, though.

Getting an Inspection

• Take initiative and pay to have a qualified engineer inspect the retaining wall. He may be able to estimate the cost of having it fixed or, if the problem is minor, give you temporary solutions for fixing the problem, such as adding an additional fence to hold back dirt.

Talking It Out

• Eventually, you'll have to talk to your neighbor about the problem with his retaining wall. Since you've researched applicable laws and have already had an inspection, you can go to him with a full assessment. Stress the fact that the issue isn't necessarily just an eyesore from your property, but that failure to fix the problem could result in serious structural damage to his home.

Repairing the Wall

• The wall will have to be repaired eventually. If you cannot work out an agreement with your neighbor about costs, you may have no choice but to pay for it yourself. If the laws in your city specify that he does hold some responsibility for it, you can later take him to small claims court to try to get your money back.