Portions of my neighbor's cement block retaining wall fell into our yard the day we moved in - over 2 years ago. He would now like to rebuild it and told us that he would like to build a sloping block wall starting 3 feet into our property. The reason, he says that would be quite expensive to rebuild the wall in its original location as it is very close to his existing sidewalk/foundation of his home. We are on lakefront property and I do not think that it would be a great financial idea to "give up" 3 feet of lake front. So, my answer is leaning "no", but I would like to have some back-up. So, other than my gut that it doesn't sound like a swift idea, are there any solid real-estate reasons why this would be a bad move on our end? Thank you in advance for the input.

Jill W.

I would get an attorney involved before making a final decision. You would have an encroachment on to your property you would have to legally disclose should you ever sell, among other things.

I would tend toward NO as well. Such an approach would tend to subordinate your yard in relation to his, at least in the eyes of potential buyers. His wall, his expense.

You don't need any backup if you don't want to let him take away 3 feet of your property for his benefit; just say "No.".

Why could he not build it 3 or 2 feet back on his property???

If someone built a wall on his property once then someone else could probably rebuild the existing wall now.

In real estate frontage is the more valuable part of property.

Thanks for the input. The neighbor has been here 50+ years to our 2 years and is in all respects a wonderful neighbor. I was just taken aback by his request/plan and wanted a good "real estate" reason to back up my "No". That way I can maintain my status as an equally wonderful neighbor but keep his wall on his property. I will toss out the terms "encroachment", "subordination", and frontage value when giving him our answer this week.

To answer Mr. Lee's question, he has 50+ year old trees immediately opposite what remains of the wall and the foundation of his house is only about 4 feet back. He would have to tear out the sidewalk and steps to his kitchen door to build the wall back in that direction. The old growth tree roots are what I believe to be the cause of the wall collapse. He would have to tear out the trees in order to rebuild the wall in its original location.

Thank you again for your help.
Jill