Seven top questions to explain who's likely to be reaching for the checkbook to pay for the retaining wall.
1. A retaining wall in need of repair separates two neighbors' backyards. Who is responsible for repairs? The upper one whose yard the the wall is holding back, or the lower side of the retaining wall, or are both responsible on a 50/50 basis?
The downhill neighbor is nearly always responsible for the simple reason that s/he is the one that likely graded his property to make it level and thus required a retaining wall. He is obligated to provide support (i.e. a retaining wall) to the uphill neighbor whose natural support he cut away during grading and leveling work. If it is apparent that the uphill owner backfilled his land and created the need for the retaining wall, then he'd be responsible, though this is a relatively unusual scenario compared to the first one described. See Diagnose for more info and check historical records for definitive permits.
2. I paid to fix a retaining wall, but now I realize it might not be mine. What can I do about it, and could I get my money back?
It depends on the facts. If the wall is not on your property, the wall is supporting your property, and the excavating was the result of a downhill neighbor (or city) changing the slope of the land, then it may not have been your responsibility to have fixed or replaced the wall as a result of the violation. It will also depend on how much time has lapsed since you paid to fix the wall. Generally, your best shot at recovery will lie if 6 years or less have lapsed.
3. My retaining wall abuts a municipal right-of-way and I got a violation notice from my municipality saying I must repair or replace a retaining wall. My property is uphill and the wall is outside my property line. Why would I receive a violation for the wall?
This may not be your wall to repair based on the facts above. A few compelling facts are in your favor to indicate that the municipality created the need for that wall and may be responsible, not you. First, you are uphill owner. Second, the municipality is the likely grader-excavator because residents don't perform this task in the right-of-way, but some simple research can verify grading occurred. Third, the wall is outside your property line. All this suggests that the municipality is responsible for the retaining wall. Read our Diagnose page and Violations page for more information.
4. I own a residential lot that abuts a city sidewalk and the 5' retaining wall straddles the property line. The wall is in need of replacement due to leaning and loosening block. The city sidewalk is lower than my property because I learned the city graded in the 1920s to put in the streets and sidewalks. Is this my problem, the City's, or shared problem?
Retaining walls that straddle property lines confuse property owners and each neighbor looks to the other to provide maintenance or replacement. Here, your neighbor is the city and this is common! In Minnesota when a retaining wall has been constructed, as explained in the Diagnose page, we typically look to who created the need for the wall. Look at the slope of the land, who excavated to remove the natural soil support and thereby created the need for a retaining wall in the first place and who is the downhill property. Most of the time the downhill property excavated for some purpose such as leveling and is responsible for a retaining wall. In this case, that party is the city that graded to level dirt to install its sidewalks and removed critical support to your parcel. The city is obligated to maintain its retaining wall in its right-of-way.
5. It looks like the last owner replaced the wall, but I don't know for sure. My lot abuts the city's alley. Does this mean it is my responsibility to fix the wall and not the city's?
It does not matter who build the wall or who replaced it through the years. A prior owner may have mistakenly replaced it thinking it was his responsibility. An alley is likely public and the city's, so once again it comes back to reviewing the basic facts and the law. Review the grading, your property survey, property records, and other relevant data, but don't assume. Go to our Diagnose page to see a framework for sorting through the key facts.
6. I have a ~ 40 year old house that is built on a slope. There's a big back yard that is leveled via a retaining wall. The wall is leaning and failing because it is very old and would not meet today's code standards. Estimates for a new wall are $150,000 because the wall has to be dug deeply to be installed correctly with footings. My mortgage is $325,000 and the house is worth $400,000. With no repairs, the house takes a big hit and there may be damage to the property. If I do the repair, it wipes out any equity I have in the property. Insurance does not cover the wall. What options do I have?
Before you commit to pay for the retaining wall, make sure it is your responsibility. While each case is fact-specific, here are a few things to clarify the situation. The slope is relevant because 9 out of 10 times the downhill owner owes a duty of lateral support — i.e. a retaining wall — to the uphill owner. See Diagnose. So, if the retaining wall is near or along the the lower (downhill) boundary of your property, it may be the adjoining downhill neighbor did the excavating. That neighbor could be private or could be a municipal right-of-way. The excavating created the the need for the retaining wall. It is relatively rare that a residential uphill owner leveled, backfilled and installed a retaining wall because this work is very expensive. Check the historical records for evidence of excavating, backfilling permits, etc. and don't just assume that a prior owner of your home created the need for the retaining wall. Get the facts so you can make an informed decision on proceeding.
If the retaining wall is in the middle of your property (i.e. not near the boundary line), then it is likely that you are responsible because you or a prior owner graded to create the wall. If the wall is at risk of collapsing and causing damage to your house or property, then you will want to consider replacement options.
7. How do search for building permits or old documents?
This is the hardest part and potentially the most time consuming. On a newer real estate development, it is likely to be easier because records, builder plans, permits and inspections are going to be at city offices and are easier to find. It becomes more challenging on properties that were established or improved decades ago. Old plat maps and permits are more difficult to find and may be in various city or county offices, historical societies, or libraries.
Need Help? We're Here.
Like a lot of projects it all sounds logical, but the correct application is important. We're able to look at your challenge and advise you on a constructive, cost-effective solution that may save you thousands to hundreds of thousands of dollars.