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How to determine if the wall between properties is yours or NOT?

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brigitte
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How to determine if the wall between properties is yours or NOT? Empty How to determine if the wall between properties is yours or NOT?

Post by Sherman Tue Aug 25, 2015 8:28 am

We have a long wall between properties.
How do we get a final determination that either the wall is ours or not?
We thought we did the 'right' thing before to resolve this issue, but as things go around around, absolute answers are seldom absolute.

We had our property measured and were told by the local government that the wall was completely within our property line, making the wall 100% ours. We have added height to the wall and used it for a casita wall confirming it was our wall (as I was told).

The owners of the other property contested use of wall for the casita, but later backed off after they had their property measured. Given the 'temperment' of the other owners, we know they would have insisted our casita wall be torn down if we were using the wall to which they had any right.

But, after several years, they are back at 'it' again with another claim that 50% of the wall is theirs. And, since we have built on the wall and added height to the wall, 'which 50% is theirs'?????

Trying to get this sorted out. And, of course, I will talk with an attorney, but I find it useful to toss these questions out here.
Any contributions from your own experience?

Thanks!

Sherman
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Post by CanuckBob Tue Aug 25, 2015 9:15 am

Yes, definitely an attorney. Talk with Spencer. It must be lousy having this sort of relationship with the neighbors.
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Post by slainte39 Tue Aug 25, 2015 9:59 am

Using an existing stand alone perimeter wall as part of a new building construction is a bad idea for several reasons, including the one you are having.
How far inside your property line is the wall?
See the attorney.

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Post by hockables Tue Aug 25, 2015 10:34 am

This is Mexico.... get up early early in the morning... or wait until your neighbors are away....

Congratulations .... the wall is yours.... Beer
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Post by brigitte Tue Aug 25, 2015 11:35 am

If the land is 50% theirs the whole wall is 50% theirs.

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Post by sparks Tue Aug 25, 2015 11:45 am

brigitte wrote:If the land is 50% theirs the whole wall is 50% theirs.

What ????   Beer

They probably want to build a casita or garage and use you wall
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Post by Gamina Tue Aug 25, 2015 12:08 pm

I believe that the original wall belongs to whomever built it. The next built building is supposed to build their own wall up against the existing wall. That solves the problem as well as insulates against sound from the other house.
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Post by brigitte Tue Aug 25, 2015 1:03 pm

I would ask the notario.
On our property the north wall is mine, the south wall is my neighbor the east side is my neighbor and the west side is mine as it is the one to the street. Nothing obvious.bu at least we know where we stand.

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Post by brigitte Tue Aug 25, 2015 1:04 pm

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Post by brigitte Tue Aug 25, 2015 1:06 pm

I believe you are righ gamina but suppposed is the key word may people do not bother putting their own wall.

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Post by Gamina Tue Aug 25, 2015 1:24 pm

I believe each property owner is supposed to put up his own wall but with no building codes, per se, and no inspectors to make sure it's done right, many times only one wall is put up. It can be a conundrum between neighbors.
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Post by solajijic Tue Aug 25, 2015 3:56 pm

We share a common interior wall with the house to our north. We also share a wall with two houses to our west. The house to the north was part of a block long remodel in the late 1990s so I would expect they did what was common during that time period. The northern most house for the shared portion of the west wall is an extended on room to their house which was after the remodel so they should have built their own wall.

The southern portion of that west wall is part of a now enclosed entertainment area on the other property. We are watching that portion carefully because a recent remodel on that property put electronics embedded in the wall for a television and outdoor speaker system. Although it is covered the entertainment area opens out onto a pool area. I am not sure I will be happy listening to their programming.

If I ever move again I will probably pay a lot more attention to the separation of interior walls from contiguous property. Garden walls not so much.


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Post by gringal Tue Aug 25, 2015 4:22 pm

Our ancient casa has a common interior wall with one neighbor. When I discovered mold on my side, we contacted the neighbor who took a look in an unused old pantry on the other side. To his surprise, there were moldy cabinets and walls. Same deal behind our living room wall.
Fortunately, our neighbor was just as interested in fixing the problems as we were, and so far, after two years....no mold.
However, it's best if you don't have shared walls. Can be a real mess.

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Post by Sherman Tue Aug 25, 2015 5:28 pm

Life here ... lots of questions arise.

Ok, so let's assume the wall is 100% within your property line and the next door household had no right to attach plants, but did with multiply wires so that the plants can't even be pushed away from the wall. Some of the wires were cut, but new wires replaced the old wires.

Next step was to spray the plants to try and get rid of the 'attached' plants. Since spray, etc. cannot be isolated and the roots finally absorb the spray and the plant dies, to what extent is that a problem for the household that sprayed? Are they held responsible and get stuck with a problem that they did not start from the beginning .....

I know we cannot be the first household with this problem, so I'll bet someone has some comments.

S.

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