My retaining wall, built 2017, is partially on neighbors land

UPDATED: Oct 2, 2022

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My retaining wall, built 2017, is partially on neighbors land

My retaining wall, built in 2017, is supposedly partially on
neighbors land. I didnt know this until July 24th of this year.
Neighbor has verbally said I dont have to rebuild it, but if either
house is sold, could be problems. What do I do now?


Asked on July 27, 2019 under Real Estate Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Step 1: get your land (and specifically the part with the wall) re-surveyed: your neighbor might be right, but he may be wrong. Confirm your boundaries. 
If you wall is on his land, the consult with a real estate attorney to explore options such as seeing if your neighbor will grant you (including possibly if you pay him for it) an easement of some kind to have an maintain the wall...or if it would be better to relocate the wall.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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