My Retaining Wall Is 30" Over The Property Line

[davvet2]

My question involves real estate located in the State of: Texas

We bought our new home in 1987. I didn't pay much attention to the retaining wall; our neighbor was a great guy and he didn't care that it encroached on his property.

He told me that the wall belonged to me, and even suggested I could move it to the other side of the lot, and he'd put up a new wall.

Fast forward to today:

My new neighbor has lived next door for several years, and has been giving me problems over my cars. I restore my cars as therapy -- I am a 100% disabled veteran. He called the code inspectors and reported that I had "junk cars" on my property. The code inspector came out, and looked at the car I was working on that was parked in my driveway -- I showed him what I was doing and noted that the car was current on license registration.

I also opened my gate and showed him my 22' enclosed car trailer and a couple of cars that were parked next to it --- and he said "if it's behind your fence and we can't see it, no one can do anything about it".

I might also add that my fence is tied on to my neighbors fence.

Back to the problem. My neighbor has decided that if he can't do anyting about the cars, he'll hassle me over the property line. My concrete retaining wall is at an angle, almost flat and the property line between our home runs about through the middle of the wall.

His fence is in bad shape. When the original owner lived there, we replaced the wooden fence posts with steel ones, but it's been such a long time that the fence is now rotted.

Here's the kicker: He informed me that he might remove my retaining wall as he didn't like it and it was probably hollow underneath. (at a later time).

He also informed me that I needed to move everything away from his fence line back about 2 feet so the new fence could be installed. Understand, we have landscaping timbers and a sprinkler sytem with heads next to his fence.

He also said that he was going to remove a Hackberry tree that was growing on my side of the fence -- as it was a "trash tree".

Yesterday, my wife and I cut down several sapling trees and also cut down the Hackberry tree. He had a fit! I asked what the big deal was, as he was wanting it down any way, and he said "that tree was on his property and he hadn't decided what to do with it".

He also let the cat out of the bag and said he was thinking about installing the fence in the center of my retaining wall.

He knows I'm a disabled Veteran on a fixed income and don't have the funds to fight him in court -- what can I do about this situation?

Thanks,

Jim

[Mr. Knowitall]

You indicate that your retaining wall is 30" onto your neighbor's property, but then say that the property line runs down the middle of the wall. Unless you're telling us that the wall is five feet thick, I'm not sure what's going on here - did you mean 3" - a six inch thick wall?

Other than your former neighbor's statement that this is your wall, do you have any evidence that it is in fact yours? Do you know who built the wall, or when it was built?

Why wouldn't he have every right to remove his fence and rebuild a fence, consistent with any setbacks imposed by local zoning ordinances, anywhere he wishes to build a fence on his own property?

[davvet2]

The wall was built at the same time my house was built. It is washed aggregate concrete and matches my driveway. It is also on the survey and on the plans for the house.

Guess I didn't describe it correctly; the wall is almost flat like a sidewalk and the property line runs through the middle of the wall which puts about 30" of it on his property. The wall is 4" thick.

[ashman165]

The wall was built at the same time my house was built. It is washed aggregate concrete and matches my driveway. It is also on the survey and on the plans for the house.

Guess I didn't describe it correctly; the wall is almost flat like a sidewalk and the property line runs through the middle of the wall which puts about 30" of it on his property. The wall is 4" thick.

So, the wall is partly in your yard, and partly on his yard with the property line running down its centerline (more or less)?

Further, this wall is 4 inches thick with 30 inches of those 4 inches being on his property?

This is what knowitall was asking you to clarify - the dimensions of this wall.

[davvet2]

So, the wall is partly in your yard, and partly on his yard with the property line running down its centerline (more or less)?

Further, this wall is 4 inches thick with 30 inches of those 4 inches being on his property?

This is what knowitall was asking you to clarify - the dimensions of this wall.

That is correct, thanks

[aaron]

Thirty inches - two-and-a-half feet - of the length of the four inch thick retaining wall are on his property? Because it tapers off the property line at some point? At what point - the start, end or middle? This is the way it's depicted on the survey? And it's been this way for how many years?

[ashman165]

That is correct, thanks

How can it be true that the property line divides the wall into a left and right side, and that the wall is 4 inches thick and 30 inches of that 4 inches are on his property?

I'm struggling to imagine what this looks like. But if the property line divides up the wall into a left and right side and does this for the entire length of the wall, how can a wall that's only 4 inches wide have 30 inches hanging over?

[aaron]

If the wall was not completely straight, or is straight but was constructed at an angle, it's possible for part of the length of the wall to be on one side or the other of the property line, instead of straddling the line.

[ashman165]

That's what I'm trying to figure out.

Like is it that the last 30 inches of going lengthwise is over the line? I just don't know the orientation of the wall with respect to the property line. ^_^

[davvet2]

The wall is constructed at an angle. It gets narrower at the back