I am in California. Here is some background on my situation. My home is 15 years old and I purchased it from the original owner 6 years ago. When my home was built, like many in the area, it sits about 2 to 3 feet higher than my neighbor. There is a fence that runs down the property line and a gentle slope on his side until it becomes level to where his house sits.
The first 2 to 3 years my house was here, there was just an empty lot next to my house while the builder built out the rest of the neighborhood. When my next door neighbor purchased this lot and chose his house, he told the builder he wanted his house to sit 2 feet further away from the fence between him and me, so he could have enough room to park his boat on the side of his home. Well the builder forgot about this and the mistake wasn’t found until the sewer, gas, water and cement slab were already in, so there was no way they were going to rip all that up and move it over 2 feet. The solution from the builder was to come in with a dozer and cut right down the property line to get rid of that slope and put up a wooden retaining wall and build a new fence on top of that wall. By eliminating that slope my neighbor would gain his 2 feet back and have his RV access.
Well after a big storm a couple weeks ago the retaining wall gave out in one spot and he approached me about replacing the whole wall along with putting up a new fence. I have no problem about going 50/50 on a new fence, but I feel I have no responsibility for the cost of a new retaining wall since it was originally put there by a mistake on the builder’s part in order for my neighbor to have his RV access.
Am I in the right to refuse to not help him out financially put up a new wall for his RV access or since the builder came in and put it right down the property line that made me responsible for half the upkeep. I just feel that since my house was here a couple years prior to his and that wall was not there in the original grade for erosion control or water run off, but installed at a later date just for RV access that its not my responsibility to help him replace it.
Any insight would be appreciated.