Who is responsible if a neighbors wall falls on your property?

Answer 1

Generally speaking, the act of your neighbor's wall falling onto your property is an act of trespass. Without any further information, it would appear that your neighbor should be responsible for cleaning up the debris.

Answer 2

First, what caused the wall to fall?? Secondly, did the wall fall on something of yours that was damaged and to what extent? If you don't have any loss to something the wall hit, then you have no loss so it doesn't matter. Even if you have a loss, the cause comes into play. Normally, your insurance will pay for your losses and the neighbors insurance will pay for his/her losses. The only way the neighbor will be responsible for your losses is if they did something to cause the wall to fall. If they hit it with their car and it fell on your lawn mower then their auto insurance will pay for your mower. If it was a storm, your home insurance will pay for your mower and the neighbors homeowners will pay for his wall. Just because his wall fell on your grass does not amount to a loss for you.

Answer 3

This is a complicated topic and the answer depends on the details. Consider the following:

You must ascertain ownership of the wall to make certain it is on your neighbor's property and the wall belongs to your neighbor. You should make sure you have done nothing that would have an impact on the wall's structural integrity.

If the wall is in poor shape but has't collapsed yet the take some photos and sent a registered letter to your neighbor asking that the wall be repaired. Make sure your letter is friendly and to the point. You may need it for evidence if you have to sue later on. You could also call your local code enforcement to see if there is a code violation and perhaps the town will notify the owner that the wall must be repaired.

If the wall has already caused damage you need to notify your neighbor of the costs of repairing and cleaning up your property. Take photos and notify the neighbor in writing as set forth above. If the neighbor ignores your request then you may need to sue in small claims court or consult with an attorney who can help you collect.