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  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Default Repair of a Collapsed Retaining Wall

    A small portion of my driveway and the collapsed wall are on my neighbors property.
    I have an easement and right-of-way into, upon and across, that includes that small portion of driveway and retaining wall.
    The easement states- the right-of-way, easement, rights and privileges herein granted shall be used only for the purpose of the upkeep and maintenance of the retaining wall and for no other use or purpose unless herein stated.
    Am I resposible for rebuilding the wall, or the neighbor?

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Retaining Wall Collapsed in Alabama

    Sounds like the easement is yours as the dominant tenant. I assume that the retaining wall has some purpose in the existence of the driveway. It would be your responsibility to maintain the wall and drive unless you wish to abandon it.

    Non-repair of the collapsed wall wall might be considered at some point in the future to be abandonment of the easement.

  3. #3
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Retaining Wall Collapsed in Alabama

    In exchange for the easement, you agreed to maintain it. Therefore, you are responsible to fix it. However, that does not mean you can't ask your neighbor to help out or anyone else that uses the driveway.

    Do you have homeowner's insurance? Contact your agent and ask them about filing a claim.

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