http://www.fixthiswall.com/blog daily 0.75 2015-04-15 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1416409173183-17NLX12WJCJAZCQUV9BX/9843550653_afe40b2d83_b.jpg Case Study http://www.fixthiswall.com/blog/retaining-wall-case-study-minneapolis monthly 0.5 2015-04-15 http://www.fixthiswall.com/blog/category/Case+Study monthly 0.5 http://www.fixthiswall.com/blog/tag/repair monthly 0.5 http://www.fixthiswall.com/blog/tag/jury monthly 0.5 http://www.fixthiswall.com/blog/tag/retaining+wall monthly 0.5 http://www.fixthiswall.com/blog/tag/city monthly 0.5 http://www.fixthiswall.com/blog/tag/owners monthly 0.5 http://www.fixthiswall.com/blog/tag/appeal monthly 0.5 http://www.fixthiswall.com/blog/tag/court monthly 0.5 http://www.fixthiswall.com/blog/tag/community monthly 0.5 http://www.fixthiswall.com/blog/tag/FixThisWall monthly 0.5 http://www.fixthiswall.com/blog/tag/trial monthly 0.5 http://www.fixthiswall.com/blog/tag/minnesota monthly 0.5 http://www.fixthiswall.com/blog/tag/fix+this+wall monthly 0.5 http://www.fixthiswall.com/blog/tag/responsibility monthly 0.5 http://www.fixthiswall.com/blog/tag/street monthly 0.5 http://www.fixthiswall.com/blog/tag/courthouse monthly 0.5 http://www.fixthiswall.com/blog/tag/property monthly 0.5 http://www.fixthiswall.com/blog/tag/neighborhood monthly 0.5 http://www.fixthiswall.com/blog/tag/fix+it monthly 0.5 http://www.fixthiswall.com/blog/tag/minneapolis monthly 0.5 http://www.fixthiswall.com/dxgallery daily 0.75 2015-04-15 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412100549556-MX76RR6K8W2D34G94UDR/YorkWall.jpg DxGallery - Downhill (City) Responsible from Grading and Boundaries All elements present in this property: Downhill property (City) is likely responsible for this retaining wall when it needs repair. Street excavating appears to have necessitated the retaining wall to install the public sidewalks. And, property boundaries show wall in the City's exclusive right-of-way as noted by yellow property lines. Thus, City would owe a duty to the uphill property owner. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412100549556-MX76RR6K8W2D34G94UDR/YorkWall.jpg DxGallery - Downhill (City) Responsible from Grading and Boundaries All elements present in this property: Downhill property (City) is likely responsible for this retaining wall when it needs repair. Street excavating appears to have necessitated the retaining wall to install the public sidewalks. And, property boundaries show wall in the City's exclusive right-of-way as noted by yellow property lines. Thus, City would owe a duty to the uphill property owner. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412102535143-UTJNDX7BNVYYTF1B64UW/IMG_0248.jpg DxGallery - Proven Minneapolis Responsibility In a victorious case for the uphill homeowner, a jury found the City of Minneapolis responsible for this Linden Hills neighborhood retaining wall. The wall is the result of 1924 city street grading. The wall is 8' in the City's right-of-way as shown by property marker. The wall supports the public sidewalk. The City (downhill) owed a duty to the uphill property. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412101540072-VMZ12Z1FEG4A93Z90NBF/IMG_0247.JPG DxGallery - Retaining Wall on Property Line This leaning, cracking retaining wall straddles the property line based on survey. Look to who excavated and changed the level of the land. Here, document research revealed that the City of Edina excavated to lay public sidewalks in the right-of-way 90 years ago and owes a duty to the uphill homeowner. Edina fixed the wall. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412101580555-7CYP60GOZ7KNUNJYRSXM/IMG_0299.jpg DxGallery - Owner Responsible for Uphill and Downhill This property owner reshaped the natural level of the land through both excavating and backfilling when building a new house in an old neighborhood. In the process, they built two large retaining walls on the uphill and downhill sides of their lot. New construction research is fairly easy because relevant records are easy to access. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412101630729-9F2HE3G8BLL8L8OZ4DR4/photo-9.JPG DxGallery - Owner Responsibility The owners excavated to build these retaining walls to hold back the soil from their new private driveway. Further, the retaining walls and driveway are located fully on their property because they had a survey and permits for the work. They are responsible, not their neighbors. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412100403694-Y32XOA5NXDPVQTMJ1KTR/Colorado-Stone-1.jpg DxGallery - Owner Responsibility Retaining walls created by either backfilling or re-grading and are fully within boundary lines are this property owner's responsibility. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1413642436331-YR7M8L6G0DNYA9UHH0QE/photo-15.jpg DxGallery - Boundary and Wall Issues Lurk This property likely touches on the issues we have raised. The driveway appears to serve the house on the right. Yet, county records show the driveway on the left neighbor's property. Further, the driveway appears to have caused retaining wall grading located on the uphill property to the right. This situation is best served by a private easement agreement between the two neighbors where the user might pay for all maintenance in exchange for use of the driveway property. http://www.fixthiswall.com/looklikeyoursgallery daily 0.75 2014-11-18 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412516009972-Z9RCIQWZ2EVPYSB4NGJP/IMG_0279.JPG Common Retaining Walls - Typical NE Minneapolis Walls Many NE Minneapolis retaining wall properties have received 244.1590 violations from the City of Minneapolis. But, a combination of property boundaries and likely street grading point to the walls being the City's duty, not the homeowners' due to a misapplication of the ordinance. Owners blindly pay for expensive repairs when they aren't adequately told otherwise. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412614635070-22KP5PEPAX11H4ZALRYE/IMG_0279.JPG Common Retaining Walls - Typical NE Minneapolis Wall These retaining walls received violations from the City of Minneapolis. Yet, property boundaries and street grading show the walls are the City's duty, not the homeowner's. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412516048640-TVAY3INNGDUWF444ZHFI/IMG_0313.JPG Common Retaining Walls - Common City Sidewalk This entire block has retaining walls in or along the public right-of-way created by likely street grading decades ago. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412520028785-X2IOX6TJPMLNJSE0MQ7T/image-asset.jpeg Common Retaining Walls - City Tagged for $90,000 Retaining Wall in Right-of-Way Minneapolis issued a violation to an uphill owner to "repair or replace" this public retaining wall. The wall is 8' in the City's public right-of-way, and Minneapolis' early street grading created the need for it. A court ordered the City to pay for the $90,000 wall. The City fought for 5 years, and taxpayers funded the excessive losing litigation costs. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412629711310-NNYI27V55KJ8S0NGJVXT/IMG_0339.JPG Common Retaining Walls - Corner Lot This corner lot has a large retaining wall that provides support to the uphill owner. It is very probable that street and sidewalk grading by the city created the need for this wall that is located in the public right-of-way. Retaining walls like this support numerous uphill properties on this hilly block. Under these facts, the excavator (city) owes the uphill owner (private property) the retaining wall, not vice versa.     https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412516092785-QE1GH5P2MZFS2K20OHQS/IMG_0318.JPG Common Retaining Walls - Commercial Property Street grading in and along right-of-way most likely created the need for these big retaining walls at these multifamily housing buildings on hilly slope. Churches, hospitals, cemeteries, schools and condos are entitled to retaining wall support from city excavating just like a private homeowner. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412516167787-DJ2BYRBPEPVELM34W1H3/IMG_0336.JPG Common Retaining Walls - Wall Supports Uphill Property A common-looking retaining wall in the municipal right-of-way that supports the uphill private property. Early street excavating likely cut away the slope so the city could install streets and sidewalks along this entire sloped block. With these facts, the excavator (downhill, city) would remain responsible for the retaining wall to the uphill property, not vice versa. https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412516233907-BDEHENB7YTC1LBMR0XMX/IMG_0328.JPG Common Retaining Walls - Retaining Walls in Right-of-Way Retaining walls in or along a city right-of-way that appear to be the result of street and sidewalk grading from downhill (city) right-of-way. Note that retaining walls support uphill private properties on this block and city would likely be responsible for maintenance when it results from grading and is in the or along right-of-way, and are not the proper subject of a violation order. http://www.fixthiswall.com/faq daily 0.75 2014-11-17 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1414363461308-8ZAV75H5L1B2W0D0XNLS/shutterstock_116291698.jpg FAQs http://www.fixthiswall.com/getty-banner daily 0.75 2014-10-21 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1413902931176-2SP6PDEM91PAVA7F3VFZ/image-asset.jpeg Getty Banner http://www.fixthiswall.com/test daily 0.75 2014-10-16 http://www.fixthiswall.com/violation-repairs daily 0.75 2014-11-18 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1416232184462-1O9FSEDBE6MG9BXB00ZK/14777018665_fbf7578a45_b.jpg Violation & Repairs http://www.fixthiswall.com/testimonials daily 0.75 2014-11-19 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1416411355197-D7577OLTRZW3I7CPRZRS/2786145201_b71ba4b44f_b.jpg Testimonials http://www.fixthiswall.com/home daily 1.0 2014-12-08 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412537556219-F3MDBJMUO7NU3XCRONOP/50th.jpg Home https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1416408777183-Z071MDZK88NA6LPKMR4H/ViolationPP.jpeg Home https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1411226986124-OO0FIN3R3X9XDXUSU1AB/Kim%26Bricksie.jpg Home http://www.fixthiswall.com/contact-us daily 0.75 2014-11-17 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1414460762884-1B611EMJQL4M5RQ177XQ/shutterstock_28683346.jpg Contact Us http://www.fixthiswall.com/action daily 0.75 2015-04-15 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1414337581919-CP3U48LLYE2P4IWCTUFB/shutterstock_66589144.jpg Services http://www.fixthiswall.com/about-us daily 0.75 2014-12-10 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1413150641564-CL8FH542EZNNREC3FNVR/Barriers-to-Great-Teamwork_0212-1.jpg Team http://www.fixthiswall.com/enquiry-form daily 0.75 2014-11-19 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1416231848898-PD2AVOHU7U4NW1WWJIL7/962644848_7d7113a813_b.jpg Enquiry Form http://www.fixthiswall.com/verdict daily 0.75 2014-11-22 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1416412985431-W4GRIXPB3QEG0JU72OJU/image-asset.png My Story & News Media https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1416227250034-7S1NTYJ4WE4YKRRCF3C1/6188186129_84c9b0a61b_b.jpg My Story & News Media http://www.fixthiswall.com/what-is-a-right-of-way daily 0.75 2014-11-17 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412978198441-CQSDI0NS8D8H48GBTER0/Plat_Map-1886-11x17-1.jpg What is a Right-of-Way? http://www.fixthiswall.com/diagnose daily 0.75 2015-04-15 https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1412861710018-RMJMCFVOELME4M7GMGB3/fixthiswall-minneapolis-img1 Diagnose An uphill property is frequently owed "lateral support," or a retaining wall, by the downhill property who cut away the soil and altered the natural slope of the land. Here, the city cut into the hill in the public right-of-way during street grading and created the need for the retaining wall. A retaining wall prevents sideways movement of the dirt for the adjoining uphill property and the excavator is responsible for that support. (click to enlarge picture) https://images.squarespace-cdn.com/content/v1/52efe61be4b0780ab1084999/1411479954273-QLG2M4FBV3CC0DT8VBJ1/800pxBFDayTileMuralMay13_3313RetainingWall1-1.jpg Diagnose