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Thread: Re: Retaining Wall Built by Developer - Who Owns

  1. #1

    Re: Retaining Wall Built by Developer - Who Owns

    My question involves real estate located in the State of: Georgia There is a wooden retaining wall built on my side yard on the property line between me and my neighbors. I'm on the downside. The Builder told me 12 years ago when I bought the home that it's on the line, and that the HOA is responsible for maintenance/repairs. Now some minor repairs needs done and the HOA said that it's my responsibilty. Is this true or are they trying to pull one over on me or are they just not educated on this? Thanks

  2. #2

    Re: Re: Retaining Wall Built by Developer - Who Owns

    It quite possibly is, but we can't tell without knowing what the various documents say. You can take it to an attorney for a reading. Oral statements don't mean a thing in real estate issues alas. Frankly, I suspect that if this affects you or just you and one neighbor, this is not a common element and it's up to the two of you to figure out.

  3. #3

    Re: Re: Retaining Wall Built by Developer - Who Owns

    I think you got snookered by the builder. That doesn't seem to be some common element that would be the responsibility of the HOA. Read your CC&Rs.

  4. #4

    Re: Re: Retaining Wall Built by Developer - Who Owns

    What the builder told you 12years ago doesn't matter now. One of the things that matters now is the actual location of this retaining wall. Since the property line is infinitesimally small, think the thickness of a pencil line vs the thickness of a retaining wall. Where the wall was planned to be built and where it was actually built can be completely different. So that means the wall is located in one of several different configurations: 1. All on your side but against the line 2. All on neighbors side but against the line 3. On the line but some is on your side and some is on the neighbors side 4. None of the above, it could be completely on one property not even against the property line. Unless you know the actual configuration of the wall in relation to the property line, you could be wasting time and aggravation over something that might be completely on the neighbors property and nothing for you to worry about repairing. Have you read through your HOA paperwork to see what is said about maintenance of common elements and what is considered a common element? I'd suggest getting a current boundary survey and inform the surveyor about your concerns regarding the location of the retaining wall related to the property line. Also read through your HOA docs or after you have the survey you can have a lawyer review your HOA docs to determine if the HOA should be paying or if it's a homeowner responsibility

  5. #5

    Re: Re: Retaining Wall Built by Developer - Who Owns

    I agree with the above with one further note: retaining walls typically are broader than what you can seen. In order to keep them from falling over, they may have parts that extend into the uphill side which may put this across the boundary.

  6. #6

    Re: Re: Retaining Wall Built by Developer - Who Owns

    Thanks all! I'm well aware that a verbal holds no legal bounds, just stated that as thats what they told me. I just didn't know that if the wall was built by the developer on the said property line, that it was or wasn't theirs to maintain by law, cut and dry. I'm not looking for opinions or assumptions on the matter. I will be going through my HOA documents this evening to see if anything is stated in them in regards.

  7. #7

    Re: Re: Retaining Wall Built by Developer - Who Owns

    Did you get a survey of your property when you purchased it? If you did, it should show both the retaining wall and the property line.

  8. #8

    Re: Re: Retaining Wall Built by Developer - Who Owns

    The builder gave me the plat from the survey and the wall is not shown in the plat.

  9. #9

    Re: Re: Retaining Wall Built by Developer - Who Owns

    The builder gave me the plat from the survey and the wall is not shown in the plat.
    Useless then. Have the property surveyed.


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