Retaining walls?

[edge-of-the-woods]

Hey everyone! Can you tell a retaining wall from an ornamental/decorative stone wall just by looking at it?

I don’t see anything obvious like a drain, and there’s some gravel scattered around but it’s not like these are backfilled with it.

Backstory is that we have a very aggressive neighbor who started building in an easement where it is prohibited, and it was going to block off access to our backyard. We told him to read the legally binding driveway agreement, multiple times, but they just went ahead and started building the stone walls anyway.

They had said when they moved in that they wanted to put decorative stone walls in to make it look more like they want. We had to send them a cease and desist letter so they didn’t wall us in, in the back. Then they claimed that these are “retaining walls” and they needed to build them to “stop erosion”. It’s total BS, and I am curious if anyone can look at these and say they are definitively not built to be retaining walls.

Thank you!

 

[Ashful]

If you've been there longer than them, it'd be tough for them to claim there's some erosion situation of which they are aware, but you were not.

 

[stoveliker]

A retaining wall generally has to have some structure in it that handles horizontal (shear) forces. I.e. to hold that higher elevation area back from sliding down.

I don't see such a structure here.

 

[gthomas785]

If there's a difference in grade between the two sides of the wall, then it's a retaining wall. If not, it isn't.

 

[peakbagger]

If there's a difference in grade between the two sides of the wall, then it's a retaining wall. If not, it isn't.

That is my understanding but time to get a lawyer familiar with land law involved as there could be prescriptive rights (AKA squatters rights) in play. There may be need to prove that you advised the adjoining landowner that you do not agree with his interpretation in something like a dated certified letter or possibly some other way to make sure that the clock does not start ticking on their developing some sort of right to do something that impacts property. Your cease and desist may act like that but it has to meet the legal requirements. This varies state by state. A general observation is if they are changing the direction of or the quantity of water flow into your property that is generally not allowed unless you do not object.

I have researched retaining walls for my own use and there are numerous types and designs that are site specific that are in most cases required to be designed by a licensed professional engineer.

BTW there is lot of slope stabilization tech out there to stabilize steep slopes without the need for a wall.

IMHO those walls are aesthetic improvements, there is nothing visible to lead me to believe that using the right slope stabilization that they are needed as retaining walls except that they wanted a level surface behind them.

 

[brenndatomu]

they wanted to put decorative stone walls in to make it look more like they want

Which is what they did, IMO...there is not enough difference in elevation front to back to actually "need" retaining walls there.
Looks like this one is going to involve making a boat payment or two for some lawyer...

 

[Ashful]

Figure $700-$1500 retainer, which used to cover 3-4 hours of work, but these days it will cover just 1.5 - 3.0 hours depending on seniority and type of attorney. Thankfully for you, real estate attorneys tend to be on the more affordable end of the spectrum, at least in my limited experience. In fact, if you were in PA, I'd have one to recommend to you.

In any case, the work to send a letter and sort this out will likely fall within your original retainer, unless neighbor continues to push back hard under threat of increasing costs to them.

 

[gzecc]

Are you still able to access your property through the easment?
Your easement should be explained on your deed. It shouldn't just say easement.

 

[zrock]

Well that is in no way a retaining wall you could walk over and kick that down, their is nothing bonding the stone together. Looks like they just went down to the river and picked up what ever rock they could and tossed it together. I would be embarrassed to say i built that LOL. If you gave them a stop build order they cannot ignore that and then would have had to have a 3rd party give structured plans and statement that this was for erosion control and that would have just shot themselves in the foot since their was probably never any erosion after years of them owning the house. Were was the city during all this?

The thing that is really going to screw your neighbor is the contract you have about the driveway access. They cannot go against that on their own, it has to be mutual and in writing with both parties signing it plus a witness for both parties, Or it has to go to court and they would have to prove their was issue and then still design it so you had access to your yard ..

time to get the city involved and a lawyer

 

[begreen]

Those walls are strictly cosmetic though it doesn't matter their purpose if they are blocking the easement they need to be moved back off the easement.