My question involves real estate located in the State of: New York (NYC)
My husband and I own an attached house; we know that ownership of the party wall between the houses is shared by both homeowners. Does this apply as well to the retaining wall that extends along our backyards? It appears to be slightly on our neighbor's side, but it was apparently built at the same time as the houses in the 1920's (their house is ~6 feet higher than ours).
Over the years, the wall has shifted at least a foot towards our yard and appears in danger of collapse. Do we share responsibility for rebuilding the wall, or does it rest with just one of us? Who would we talk to to find out? We've asked the company that performed the title search when we bought the property and also the real estate lawyer who assisted us at closing; neither could give us any useful information.
We don't have a survey of the property, just the deed with descriptive dimensions of the property lines relative to the closest streets.
We're on good terms with the neighbor and just want to know the facts before we approach them about repairs.