How do you deal with a property with a falling down retaining wall between properties? The Sellers agent knows nothing. The higher property (The neighbours) has a retaining wall that is falling down due to huge trees planted on neighbours’ side but with a root system growing onto the property for sale. At some point trees and wall will fall onto property for sale. How does one deal with this situation. Seller was there and hinted the neighbour was not agreeable even to sharing cost of trimming branches.
Let’s start out with the answers to these twenty questions:
- This is an interesting question.
- Who erected the retaining wall?
- Upon whose property is the retaining wall located?
- Did both property owners or their predecessors in title contribute to the cost?
- Who maintains the wall now?
- Are there any contracts in place with respect to the wall?
- Who insures the wall?
- Who believes they own and control the wall?
- Is the property in Land Titles?
- Assuming it is in Land Titles, when was it transferred into Land Titles?
- Was the wall in place 10 years prior to Land Titles?
- Was the wall in place 20 years prior to Land Titles?
- Have the arrangements with respect to the wall changed over the years?
- If yes, what were those changes?
- Describe the present arrangements concerning the wall.
- Who knows about the prior arrangements?
- Will that person(s) cooperate and explain their story?
- Will they sign a statement to that effect?
- Would they swear an Affidavit to the same effect?
- Will they attend and testify in Court?
Once that information is available, we would be able to find some solutions.
Brian Madigan LL.B, Broker