Dear David,

If my retaining wall falls onto my neighbour’s property, am I responsible for fixing it? – DRIVING ME UP THE WALL

DEAR DRIVING: This question comes up more often than you’d think, especially as properties age or when heavy rain and shifting soil start to take their toll. The responsibility for repairing a retaining wall generally depends on who owns it, and what caused it to fail.

If the retaining wall sits fully on your property, you are responsible for maintaining it in a safe and stable condition. If it collapses and causes damage to your neighbour’s property by displacing soil, damaging landscaping, or affecting nearby structures, you could be held liable for repair costs. Even if you didn’t directly cause the problem, ownership creates a legal duty to prevent foreseeable harm from something on your property. Similarly, if a tree in your yard was not maintained, and it fell and damaged your neighbour’s house, you may be responsible.

If the wall failed because of poor construction, lack of maintenance, or visible deterioration that was ignored, you could be found negligent and financially responsible for any resulting damage. Some home insurance plans have property liability coverage, but it’s unlikely this will cover your costs if the wall was unsafe, crumbling, or poorly constructed. If the wall collapsed due to severe weather, flooding, or ground movement that could not reasonably be prevented, the damage might be considered an “act of God.” In such cases, usually neither party is found at fault. Insurance coverage may depend on the specific terms of your policy.

If the wall sits on the property line, things can get complicated. When both properties benefit from the wall (such as when it holds back soil on one side and provides support on the other) responsibility for its upkeep is often shared between property owners. The only way to know for sure who owns the wall is to review your property survey. Understanding where the wall is (or was originally constructed) in relation to the property line is key to determining responsibility.

If the wall has shifted, cracked, or is showing signs of failure, now is the time to act. Get a professional inspection. Take photos to document the condition of the wall, and keep detailed notes. Contact your insurance provider, who may send an adjuster to assess liability, and guide you through next steps. By taking a calm, cooperative approach and keeping the lines of communication open, you can likely prevent the situation from turning into a legal dispute or a small-claims court battle with your neighbours.

PRO TIP: If your retaining wall is holding back your neighbour’s soil, chances are you are the one responsible for maintaining it. The general rule of thumb is simple: the person “holding back the earth” carries physical and legal responsibility. Retaining wall inspection and maintenance is important. Repairing a few cracks today can cost a few hundred dollars, but waiting until the wall collapses can climb into the tens of thousands.  #Advice #AskDavid #TheNegotiator 

David is a top-selling Broker in Kitchener-Waterloo Region. He works personally with you when selling or buying your home. Moving? Get it right. Ask David today! Call or text 519-577-1212.