Super short version, we have a retaining wall on our property line. The neighboring lot isn't developed yet but is recorded. The wall snakes into the neighboring lot by several feet. Some pics below. My lot is on the downhill/right side.

Our builder says this is normal and that legally both lot owners share this wall. Essentially, it all kinda evens out. While it is not contentious (yet) my neighbor doesn't want my lot to eat into his at all.

I note our builder's position is the one that requires no work by them, so I don't believe them. I'm inquiring in a couple of places, but curious to poll the all-knowing denizens of Texags.

Is there ANY chance the builder is correct and this is not an issue? I don't want to have a property line battle 5 years from now.

Corps_Ag12 said:

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In Texas I'd tell them to tear it down and redo it if they wanted to get paid.

Wall should be dead on the property line IMO, not zig zag.

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In Utah, just for the record.

They've got their money (we've been in the house 18 months) and this was discovered when we started to do some additional landscaping. Still in the warranty period.

redaszag99 said:

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If the developer built the wall before you and neighbor bought property, tell neighbor to suck it

If you excavated and built wall after you and neighbor bought property, you should not have encroached in their property

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The order, I think, was
1. I bought the property
2. Builder built the wall
3. Neighbor bought his property

AliasMan02 said:

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Super short version, we have a retaining wall on our property line. The neighboring lot isn't developed yet but is recorded. The wall snakes into the neighboring lot by several feet. Some pics below. My lot is on the downhill/right side.

Our builder says this is normal and that legally both lot owners share this wall. Essentially, it all kinda evens out. While it is not contentious (yet) my neighbor doesn't want my lot to eat into his at all.

I note our builder's position is the one that requires no work by them, so I don't believe them. I'm inquiring in a couple of places, but curious to poll the all-knowing denizens of Texags.

Is there ANY chance the builder is correct and this is not an issue? I don't want to have a property line battle 5 years from now.

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Need to consult a real estate attorney. FWIW Utah has some really ****ed up laws. For example, a rancher isn't liable for damage caused by his own cattle if neighbor didn't have fence etc.

I'm going to assume you closed through a title company and have title insurance. If you took out a conventional loan that's almost guaranteed. Was the lot surveyed for the closing? Does the title policy have an exception for the location of the wall?

Understand your policy before you take any action on the wall issue. Your title insurance may cover it up until you try to take a curative action on your own.

Recommend the suggestions above to ask a local real estate attorney.

CS78 said:

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You need to talk to a local real estate attorney. I doubt anyone here is going to know any facts about your state's laws.

Retaining walls are rarely an issue in Texas. But they aren't like a fence. They require width to do their job. Probably not a unique subject in your area and is dealt with on a regular basis.

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Except for that one in San Antonio a while back.

Title insurance policies contain a clause known as "the survey exception". This provides that the title policy does not guarantee where the boundaries are. You can delete the survey exception by paying approximately a thirty percent premium for the title policy. This is seldom done because very few people are aware of this plus the surveyor charges extra to provide a survey which the title company will accept when they have to insure the boundaries.
So, unless you had the survey exception deleted from your policy when you purchased the property, the title policy is not going to help you.

Not an attorney, but a landscape architect.
Wall should not meander or straddle the line. Either it's 100% on your property or theirs.
Happens all the time tho.
My neighbors drive is on my property a foot or two and when we purchased house it came with an acknowledgement of encroachment.
I'm in Texas.

Thanks for the responses so far. Confirming a lot of what I suspected. Waiting to hear back from people in the know of the local situation as well.

I'm probably wrong, but it seems to me that the wall existed when your neighbor bought the property and, therefore, his survey should have picked up on the fact that it's on his property. Was the encroachment not addressed at the time he bought the property?

combat wombat said:

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I'm probably wrong, but it seems to me that the wall existed when your neighbor bought the property and, therefore, his survey should have picked up on the fact that it's on his property. Was the encroachment not addressed at the time he bought the property?

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Not sure when exactly he bought the property, so... maybe?

Hoping to hear back from the city today, then will take it up with a lawyer to get some more input.

Licensed architect in Texas.
I'm mostly in agreement that the wall should be moved. The outermost "edge" of the wall should be touching the property line, with the wall residing on your neighbors side.

As far as the financial responsibility, I think that rests with whoever constructed the wall in the first place. This could be backed up by an attorney...and probably should be.

There is a term called "adverse possession" where a party can legally obtain the right to a portion of land. I'm a little fuzzy on details, but I think it is after so many years if used by you and unused by the original owner. In Texas it is 10 years. You need to talk to an attorney about that. Probably not the most neighborly solution.

In addition to talking to an attorney, you might discuss with a civil engineer or land surveyor first to get their feedback. You could probably talk to the one who surveyed your property - I'm guessing if you financed, the bank would have required a survey.

Good fences make good neighbors; however, if neither of you is fencing the property is it really of any consequence as long as there are boundary markers?