The Developers Built a Retaining Wall that Partially Falls on our Property, Do we Own it? Are we Responsible for Repairs?

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“We live in Texas (north central); the developer in our subdivision had to add a retaining wall as a result of the City requiring them to install a detention pond. The retaining wall is next to our property. The retaining wall was partially installed on our property. The question is do we own the portion of the retaining wall that was incorrectly (we think) installed on our property line. We hope not. The retainer was not described in our deed. We do not think we should be responsible for the repair and maintenance of the retaining wall. We know the HOA owns the detention pond and we think the HOA owns the retaining wall. What do you think?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

I would not think that you would own something just because someone built it on your property, without your permission. However, whether you are responsible for repairs and maintenance is a more complicated question.

For starters, if you are not 100% sure that the wall is over the property line, you might want to get a survey done to confirm. But assuming you’re right, it would be a good idea to insist on a written easement which allows the wall to remain on your property, and specifies who’s responsible for repairs and maintenance.

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Author: House Attorney

A house attorney has answered this question.