Expert: Dick Dennis - 2/22/2009

Question
This property has an uncompleted "wall agreement" for a retaining wall that separates the property (upper) from the neighbor (lower).  We understand that there are liability as well as upkeep and access issues that may need to be addressed at some time.  In regards to liability though, if a party is injured on the neighbor's property due to climbing the wall or falling onto the wall, would the upper property be held responsible also, as either the owner or co-owner of the wall?  Only the very top of the wall is at foot level from the upper property.  Any insight you can provide would be appreciated.  Thanks!

Answer
Believe it or not, Yuki, this is not a real estate question you posed. It is one that you should present to your real estate attorney. The original agreement was created by an attorney and only an attorney can address it or alter it, certainly not a real estate broker, agent or anybody else who is not a licensed attorney. I do wish you well.

Dick Dennis
dixiedee13@aol.com