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Silent Boundary

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Alfster

Junior Member
What is the name of your state (only U.S. law)? Ohio. Having a problem deciding about who is liable for the rebuild of a wall. The right side of our garden is lined with a 5ft wall with a 6ft fence on top. This wall is severely leaning towards our property and we have been advised by structural engineers that if it is not replaced soon, the wall will collapse onto our house. The other wise of this boundary is a communal car park shared with 5 other houses. The deeds for these five houses and our house show a silent boundary. Who is liable for this wall? Is joint between us and the 5 houses? If they don't pay how could I enforce this. The cost of the wall is $5500! It has to be built with engineering grade bricks as it is a retaining wall for the car park. Also, the structural engineer said the reason for the leaning wall is from two massive trees that were in the car park (I paid for them to be chopped down and poisoned). So even if I am jointly liable should I pay because the tree causing the leaning is nothing to do with me. Furthermore, the reason it is so expensive is because it is a retaining wall for a car park that is nothing to do with me. If it was a normal boundary between two gardens then I would only be paying for a fence. So to summarise two trees in their car park caused their retaining wall for their car park to lean towards our house and the boundary is silent on all deeds.

Thanks for any advice in advance.
 


xylene

Senior Member
Stabilize first and preventing catastrophe would be my first goal, then figure out who pays.

I would take down the fence on top and see if earth nailing or bracing of the wall was possible until the wall can be rebuilt.

I would get a second estimate.

I would make contact with the 5 owners.
 

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