Legal Responsibility for an Existing Wall After Buying a New Property

It's common to find unexpected issues when purchasing a new property, such as an existing wall that seems to sit partially on your land. This article will help clarify who is responsible for the wall and how to proceed legally and responsibly.

Understanding the Situation

When you bought your new property, your neighbor paid for a survey to clarify property boundaries. However, sometimes these surveys may not be accurate, or a wall might have been mistakenly placed. It’s important to verify the boundaries through a professional surveyor to avoid misunderstandings.

Determine if the Wall is on Your Property

If your survey proves that the wall is on your land, you should still consult with an attorney to confirm your legal standing. Establishing the ownership in court can be complex and time-consuming. The new property owner is responsible for resolving any issues related to the property.

Removing the Wall

It’s important not to damage your neighbor's property. Do nothing if the wall is not yours. If the wall is on your property, and you do not want to remove it, you have no legal obligation to do so.

Re-evaluating the Situation

If you suspect that the survey is incorrect, get your own professional survey. The survey must clearly mark the land boundaries, and the surveyor should be licensed and bonded to ensure accuracy. Sometimes people can misrepresent property lines or simply be mistaken.

Adverse Possession

Depending on how long the wall has been in place, the land it sits on might have been acquired by adverse possession over time. This legal doctrine allows someone to claim ownership of land that they have possessed and used without permission for a certain period, usually several years.

Consult a Professional

For accurate information, check the survey signed by a Professional Land Surveyor. Ensure that the survey correctly represents the neighbor's claims. If you have any doubts, seek legal advice from a real estate attorney.

Preserving or Removing the Wall

If you think the wall has historical or aesthetic value, you may want to preserve it. If it is a retaining wall or fence and not part of a structure, you have no liability for its maintenance or removal. However, if you believe the wall is part of a structure critical to the property, such as a garage, removal could create a hazardous situation.

Conclusion

Purchasing a new property can be a joy, but it often comes with unexpected complexities. Determining property boundaries and legal responsibilities is crucial. By consulting professionals and legal experts, you can avoid misunderstandings and potential disputes.