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  1. #1
    Join Date
    Jun 2008
    Posts
    7

    Default Neighbor's Retaining Wall On My Property

    Any insight into this problem would be appreciated.

    I recently bought a house in Ontario, down one side of the property is a 4' high retaining wall, that is leaning considerably towards our property. Our property is 4' lower than our neighbors. Being concerned for safety, I want the wall repaired.
    Looking closer and measuring my property lines I've noticed that the wall is not entirely on their property, actually the wall follows the property line for 50' then slowly encroaches my property gradually for another 70' until it is 5' on my property by the time it ends, changing my road frontage from the 75' its suppose to be, to 70'. So I estimate the neighbor to be taking up approx. 300 FT2 of my property. The wall itself has been there for more than 25 years. The municipality were I live is making the neighbor replace/repair the wall, as it is unsafe, however I want my land back!
    The problem is, from what I've read, I think I'm pretty much screwed because of the prescriptive easement law!
    Is there anyway I can get my land back and force him to build his wall on his own land with out having to go to court?
    Does anyone know were to find info on what is needed to prove prescriptive easement?
    Thanks for any input.

  2. #2

    Default Re: Neighbours Retaining Wall On My Property Issues

    What did he say when you asked him to move the wall while it was being repaired.

  3. #3
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Neighbours Retaining Wall On My Property Issues

    Here is a link to a Canadian forum. The laws in Canada are not the same as the USA. This is a USA based forum

    http://www.clrd.ca/Legal_Blogs/

  4. #4
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Neighbours Retaining Wall On My Property Issues

    He wants to build a new wall in front of the old one as to not wreck his property. His ashpalt driveway is right behind the wall and if he was to move it back he would lose 3' to 5' out of it not giving him enough room for his driveway.

  5. #5
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Neighbours Retaining Wall On My Property Issues

    Quote Quoting OhMy
    View Post
    Here is a link to a Canadian forum. The laws in Canada are not the same as the USA. This is a USA based forum

    http://www.clrd.ca/Legal_Blogs/
    Thanks for the link, as I understand it the law is different in every state. Just as it varies in every province, I'm just looking for some input on were I might start.

  6. #6
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Neighbours Retaining Wall On My Property Issues

    I would start by having it surveyed by a registered surveyor. Have metal stakes installed every 25 feet. I would not allow another wall to be built on my property. You are trying to drive them to negotiate or to remove and leave in a as good or better condition. I would think if it is removed then their prescriptive easement is moot, and I also think that if it was wrong in the first place then prescription should not attach. Without saying anything I would survey it and get as much information as possible. You at the same time are showing your neighbor where the line is. I would be there when the survey takes place and make sure the neighbor doesn't try and buy him off if you know what I mean. I have no clue what your local laws are.

  7. #7
    Join Date
    Jun 2008
    Posts
    7

    Default Re: Neighbours Retaining Wall On My Property Issues

    Quote Quoting landagent
    View Post
    I would start by having it surveyed by a registered surveyor. Have metal stakes installed every 25 feet. I would not allow another wall to be built on my property. You are trying to drive them to negotiate or to remove and leave in a as good or better condition. I would think if it is removed then their prescriptive easement is moot, and I also think that if it was wrong in the first place then prescription should not attach. Without saying anything I would survey it and get as much information as possible. You at the same time are showing your neighbor where the line is. I would be there when the survey takes place and make sure the neighbor doesn't try and buy him off if you know what I mean. I have no clue what your local laws are.
    Thanks for the info, why do you think that "if it was wrong in the first place then prescription should not attach". Even if a prescriptive easement was/is granted that would not give them the right to build on it! would it?

  8. #8
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Neighbor's Retaining Wall On My Property

    I have never liked the idea of something being taken without just compensation and then turns into an easement by prescription. The claim of prescription because someone does nothing and thereby a legal right is claimed as a result of a wrongful action should not be allowed. I would not say anything until they have removed the wall and then have it survey as quick as possible. If you have to get a TRO then get one. You need to know if their claim of prescription is moot after the wall is removed. You need a local lawyer. If it is indeed moot or easement claim no longer valid then stop any construction on you property. Again, I have no clue about your laws.

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