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CSmith

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Not sure if this is allowed in the lounge or where it should be posted so feel free to move accordingly.

So my gf and I purchased a home here in Lake Havasu. New to the neighborhood. We are permanent residents here as well as the neighbors. On one side of my property my neighbor has a block wall on his side of the property line which is all good I understand his property is his property. However his lot sits higher than mine and his block wall is not a retaining wall so it is built on top of the dirt slope per say which slopes closer to my house. My predicament is unfortunately kinda got off on the wrong foot with the neighbor unintentionally and long story short I would like to remove some of the dirt as it is wide enough to park a trailer next to the house but if I park a toyhauler or something the way the slope is the trailer would hit my house. I am not trying to get off on the wrong foot and trying to be as courteous to the fellow havasu resident but he began to say if I dig my dirt out and his wall starts to fall down there will be a lawsuit. Kinda leaves me a little chapped and I'm thinking my property is my property ill dig it out if I want to. Another little opportunity is, some of his footing for said wall is on my property. However I'm not looking to start any issues and all I would like is to park a trailer. Is his wall grandfathered in per say and now it is my responsibility to put a retaining wall in and support his wall in order to dig my side down? Is that a question for the city? Real estate attorney? Anybody in the know?
Anyhow thanks for the advice. Pics attached of my opportunity.

Sorry for the long boring post. Eventually I will have some boating content for you fellow inmates.
 

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Looking Glass

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Not sure if this is allowed in the lounge or where it should be posted so feel free to move accordingly.

So my gf and I purchased a home here in Lake Havasu. New to the neighborhood. We are permanent residents here as well as the neighbors. On one side of my property my neighbor has a block wall on his side of the property line which is all good I understand his property is his property. However his lot sits higher than mine and his block wall is not a retaining wall so it is built on top of the dirt slope per say which slopes closer to my house. My predicament is unfortunately kinda got off on the wrong foot with the neighbor unintentionally and long story short I would like to remove some of the dirt as it is wide enough to park a trailer next to the house but if I park a toyhauler or something the way the slope is the trailer would hit my house. I am not trying to get off on the wrong foot and trying to be as courteous to the fellow havasu resident but he began to say if I dig my dirt out and his wall starts to fall down there will be a lawsuit. Kinda leaves me a little chapped and I'm thinking my property is my property ill dig it out if I want to. Another little opportunity is, some of his footing for said wall is on my property. However I'm not looking to start any issues and all I would like is to park a trailer. Is his wall grandfathered in per say and now it is my responsibility to put a retaining wall in and support his wall in order to dig my side down? Is that a question for the city? Real estate attorney? Anybody in the know?
Anyhow thanks for the advice. Pics attached of my opportunity.

Sorry for the long boring post. Eventually I will have some boating content for you fellow inmates.

I always understood when a Wall or Fence is built it must be "Back" off the lot line which IMO this problem IS on your property and if His wall Falls onto your Side then he has the problem And Not you.

Neighbors Suck, sure nice Welcoming Party. :rolleyes:
 

wishiknew

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Not sure if this is allowed in the lounge or where it should be posted so feel free to move accordingly.

So my gf and I purchased a home here in Lake Havasu. New to the neighborhood. We are permanent residents here as well as the neighbors. On one side of my property my neighbor has a block wall on his side of the property line which is all good I understand his property is his property. However his lot sits higher than mine and his block wall is not a retaining wall so it is built on top of the dirt slope per say which slopes closer to my house. My predicament is unfortunately kinda got off on the wrong foot with the neighbor unintentionally and long story short I would like to remove some of the dirt as it is wide enough to park a trailer next to the house but if I park a toyhauler or something the way the slope is the trailer would hit my house. I am not trying to get off on the wrong foot and trying to be as courteous to the fellow havasu resident but he began to say if I dig my dirt out and his wall starts to fall down there will be a lawsuit. Kinda leaves me a little chapped and I'm thinking my property is my property ill dig it out if I want to. Another little opportunity is, some of his footing for said wall is on my property. However I'm not looking to start any issues and all I would like is to park a trailer. Is his wall grandfathered in per say and now it is my responsibility to put a retaining wall in and support his wall in order to dig my side down? Is that a question for the city? Real estate attorney? Anybody in the know?
Anyhow thanks for the advice. Pics attached of my opportunity.

Sorry for the long boring post. Eventually I will have some boating content for you fellow inmates.
First stop for you would be the city and see if the wall was permitted
 

CSmith

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How deep is the footing for the wall?
Not sure, i haven't potholed next to it. Just from scratching the surface of the rocks away I can see the top of the footing. I would think if it was a retaining wall the block would go as far down as whatever it is the person was trying to hold back and the footing below that or not necessarily?
 

Looking Glass

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If he built first, and built on his side of the property line with a 2-1 slope on your side, there's not much you can do. If he's on your property that may change everything.

Isn't he required to be a certain distance Bach his side of the Lot Line? That has been the case in every town I have lived in?
 

Looking Glass

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Wall footing should not be on your property, if it is he has a problem. We review these all the time and have to argue with developer's engineers to change their design.


View attachment 960368

I do hope when all this Shakes Out he has a Problem. Then WHAT? Kiss your ASS and beg to leave things as is. OR get your Fucking Wall off my Property, "MR. Welcome Neighbor". 🤣
 

DC-88

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If he built first, and built on his side of the property line with a 2-1 slope on your side, there's not much you can do. If he's on your property that may change everything.
Yep, I've built hillsides at the beach for years and getting there first means the next guy gets sued without Shoring .... which we do all the time but isn't cheap. I was just joking with my Havasu architect buddy a few weeks ago about how this will be an issue down the road with the infill lots at the Riviera . It all comes down to "slope stability" 🤣 ...which involves letter from soils engineer. Looks like California has arrived in Havasu unfortunately. On a side note to the OP.- If you line up the right guys, get a survey, and the concrete guy really "gets after it" being that neighbor's wall looks like a glorified fence you may be able to roll the dice and get a mono pour little retaining wall done on your side before anything happens to his. From the looks of the height of his palm trees in the picture the surcharge on your new wall won't be all that much . Again, the 2-1 rule Freebird posted comes into play on that -
 
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monkeyswrench

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Yep, I've built hillsides at the beach for years and getting there first means the next guy gets sued without Shoring .... which we do all the time but isn't cheap. I was just joking with my Havasu architect buddy a few weeks ago about how this will be an issue down the road with the infill lots at the Riviera . It all comes down to "slope stability" 🤣
That has become a huge issue out here. Soil compaction reports and all kinds of stuff. It appears with the last boom, things were overlooked. Law suits and such followed. Now, the "easy money" lots are near gone, and slopes and floodplains remain...lots of work for end dump guys though.
 

FreeBird236

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Isn't he required to be a certain distance Bach his side of the Lot Line? That has been the case in every town I have lived in?
Not that I'm aware of, I think most people back off a couple inches, I know I did, that would include the footing.
 

DC-88

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Not that I'm aware of, I think most people back off a couple inches, I know I did, that would include the footing.
Stakes and form boards on "your side" . Footing can be tight. Tough to do without giving up a couple inches. No "hanging a tooth on the bucket :)"
 

Looking Glass

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Not that I'm aware of, I think most people back off a couple inches, I know I did, that would include the footing.

I understand this Is NOT the Midwest, but back there the Thought was if you build a Wall or Fence it needs to be back on your property 12+"'s this way if leaves or trash blows it will be stopped on Your side of the property line and Not your Neighbor's. 🤔
 

FreeBird236

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I understand this Is NOT the Midwest, but back there the Thought was if you build a Wall or Fence it needs to be back on your property 12+"'s this way if leaves or trash blows it will be stopped on Your side of the property line and Not your Neighbor's. 🤔
Never heard of that myself.
 

RiverDave

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I have a good real estate attorney if you need one..

FYI this should have all been discussed and disclosed before you got the property?

first thing I would do is go to the city and see what’s what. They are very informative and friendly.

for future reference for “real estate” call my wife!

Stacy 928-706-4200

if you need the RE atty give me a call 949-678-8369
 

DirtyWhiteDog

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Will absolutely be your responsibility to not harm "his" wall. If he had the previous owner's permission it can be centered on the property line, with half the footing on your property. With no permit required, if previous poster is correct, no way to verify. If it is on the property line, then it is owned by both of you regardless of who built it. Build a proper retaining wallto get your parking. If the depth and surcharge is going to hurt the existing wall do your retaining in sections. Leave slope for 10' build wall and repeat.
 

Ziggy

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Take a look at a lot that is being prepped at Kiowa S and Hound. This exact situation is a current situation.
The lower lot dug out the 3-4 foot slope right up to the adjacent lots garden wall just as you would like to do. If nothing else this is good reference to see it can be done.
 

DLC

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You have 2 options see way below, I would do these things to get as much info / knowledge as you can then make your decision.

1st
pothole down and find top and bottom of footing, do it in 2 areas
2nd
Do some home work and figure out how much you need to go down for retaining wall to retain the existing wall footing

Or
How much you need to go up if you build a wall close to the house

3
Make a drawing with your elevations and distance from house to wall and then roof eves to the wall and how far in towards the back yard you need to go, I would guess a good 50 feet back from your gate posts.

4
Stop by the city with pics and several copies of your drawings let them know your issues and that your new neighbor isn’t a nice guy and isn’t cooperative


See what the city has to say


So the fix is build a wall 2 ways

Option 1
Retain the existing footing and wall - so you can dig dirt out and have a nice semi flat area to park, although your new wall may be in the way if it sticks out into your park area this is where you need the dimensions from house to the wall

Or

Option 2
build a wall close to the house and raise the parking grade up so it’s closer in height to meet the existing wall footing this option will give you more space because you can actually park on top of your wall rather than park next to it. If you decide to go this route you want to add some drainage pipe low next to the house and leave an air gap between wall and the stucco
 

Looking Glass

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Will absolutely be your responsibility to not harm "his" wall. If he had the previous owner's permission it can be centered on the property line, with half the footing on your property. With no permit required, if previous poster is correct, no way to verify. If it is on the property line, then it is owned by both of you regardless of who built it. Build a proper retaining wallto get your parking. If the depth and surcharge is going to hurt the existing wall do your retaining in sections. Leave slope for 10' build wall and repeat.

If he had an agreement with the former owner, wouldn't that have to be Filed with the City/County?
 

Luvnlife

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There’s a way do build this without involving your neighbor. It’s called slot cutting, you build the wall in sections without exposing the length of his wall all at the same time. Unfortunately it will cost you more.
 

stephenkatsea

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I’ve been told AZ does NOT require a survey of a lot when sold. We demanded a survey from the seller when we purchased the lot adjacent to our home. We settled on splitting the cost of the survey with the seller. That all worked out well. We built our RV garage on that lot. We opted to excavate that lot with a 2:1 slope at the rear of the lot, and maintained the required easement with the lot to the rear. The new owner of the lot to the rear of, and lower than our excavated and built upon lot, later opted to begin bring fill dirt onto his lot. Without saying a word to me he began spreading that fill dirt, covering the survey marks and now extending 1/2 up our 2:1 slope. I told him the fill he was spreading up the slope was being spread on our property. Please stop now and are place the proper survey marks because his spreaded fill now covered the paid for and previously placed survey marks with about 5 ft of dirt. That was 3 years ago. Finally, prior to the holidays, he sent out a survey crew to re-establish visible survey markers on the surface. What’s his next move?? Who knows? Hope I don’t need RD’s real estate attorney. I notified/filed with Mohave County and LHC on the matter, so it has been memorialized.
 
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CSmith

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Thanks for the replies inmates. Not really sure where I'm going to go with this. Not in a hurry by any means but will most definitely be doing something in the future. Ill swing by the city tomorrow and post any helpful information I receive so maybe it helps one of you.
 

evantwheeler

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His wall looks to be decently built and is at least kept in good condition, otherwise you'd have good reason to just pay to replace it. You could pour a short retaining wall along your house, offset about 6-8 from existing structure with a curtain drain between structure and retaining wall, and then fill in the area in between to the level of the base of his wall. That way you're not paying to build a whole other wall, and you'd probably keep relations up with the neighbor. Life is too short to hate your neighbors.
 

DLC

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Did he have a contractor do the work?
I would get a compaction report completed to make sure the dirt he placed on your lot is compacted and has a optimum moisture content. If he didn’t dig down on your lot and Key In the new fill then the fill is just sitting on top native and would have a Potential to move - wash / out in a heavy rain and onto someone’s yard/property. this worst case is dependent upon the correct conditions.

there is a huge unseen liability to back filling if something down the road were to happen it would be on you. It all depends on the situation and surrounding grades.







QUOTE="stephenkatsea, post: 3974457, member: 1681"]
I’ve been told AZ does NOT require a survey of a lot when sold. We demanded a survey from the seller when we purchased the lot adjacent to our home. We settled on splitting the cost of the survey with the seller. That all worked out well. We built our RV garage on that lot. We opted to excavate that lot with a 2:1 slope at the rear of the lot, and maintained the required easement with the lot to the rear. The new owner of the lot to the rear of, and lower than our excavated and built upon lot, later opted to begin bring fill dirt onto his lot. Without saying a word to me he began spreading that fill dirt, covering the survey marks and now extending 1/2 up our 2:1 slope. I told him the fill he was spreading up the slope was being spread on our property. Please stop now and are place the proper survey marks because his spreaded fill now covered the paid for and previously placed survey marks with about 5 ft of dirt. That was 3 years ago. Finally, prior to the holidays, he sent out a survey crew to re-establish visible survey markers on the surface. What’s his next move?? Who knows? Hope I don’t need RD’s real estate attorney. I notified/filed with Mohave County and LHC on the matter, so it has been memorialized.
[/QUOTE]
 

RiverDave

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Will absolutely be your responsibility to not harm "his" wall. If he had the previous owner's permission it can be centered on the property line, with half the footing on your property. With no permit required, if previous poster is correct, no way to verify. If it is on the property line, then it is owned by both of you regardless of who built it. Build a proper retaining wallto get your parking. If the depth and surcharge is going to hurt the existing wall do your retaining in sections. Leave slope for 10' build wall and repeat.
would this not have to be disclosed upon sale of the home??
 

LHC Kirby

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First step city

Second step get a professional survey. Depending on city results.
 

Angler

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How many inches is out of level from the wall to your house?

It's hard to tell exactly how uneven it is. Are you planning on pouring concrete for toyhauler?
Maybe just pour two lanes of concrete for your tires and landing gear to level it out.

Then there is always undermining his wall, the options are endless...
 
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DRYHEAT

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Always have your lot surveyed. Back in the 90s I saw many property steaks being moved as much as 5 feet and the city doesn’t check.
 

CSmith

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At the front where my gate posts are its only about a 6" difference maybe less, at the back of my house it is about 4' difference and even more towards the back of my property. If I could keep going I have another 30 or 40 feet from the back of my house to the back of my property line. I haven't gotten my lot surveyed but the pins are still there from a previous time it was surveyed. I took a string line from pin to pin down that one side. I will get it surveyed though just to make sure I'm crossing all T's and dotting all I's I have all my paperwork in order.
RD my lack of inexperience of purchasing land/homes i didn't know about certain info being disclosed. My gf and I are 25 and this is our 2nd home. Only lived in our first home for a year. So we are pretty green if you will.
 

boatnam2

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I would say i hope you factored in the cost of buying a house with almost all sloped backyard and asked yourself how much it going to cost to gain all that back if you can't live with it like that.
 

Sleek-Jet

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Keep in mind also that a lot of the contouring in the backyard is likely for water drainage. If the city was up on their stuff, they made the builder submit a grading plan for the lot when the permit was pulled to build. It has to provide for adequate drainage. Storm water run off is a big deal now, but might not have been when the house was built.

Starting to "level things out" can have huge impacts on where the water goes when it rains.
 

evantwheeler

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Don't waste your money on a survey. What's it going to get you? Unless you are very confident he built the fence entirely on your property, it' just not worth going down that road. The money spent there could get you 1/4 or 1/2 way to resolution. Leave his wall alone, and build up on your property to have a usable parking area. It's going to cost you 10's of thousands to do things the way you envision and bring the grade down to your property elevation.

My home I bought 1 year ago here in CA had a fence issue. The owner I bought from had no clue, and the neighbors had no clue. Sometime 30 years ago, two brothers owned the adjacent lots, and my house was built 2' from legal property line. My eve overhangs the property line. The fence behind my house jogs around the house, to make it look like there is proper offset, but the fence was built on the neighbors property. My title guy said that no easement or legal documentation was necessary to protect me from future legal battles with the neighbor of future neighbors because no one had disputed the existence of the fence for over 30 years. Even if the fence is on your property, there is a chance it's still legally his and not yours to tear down.
 

Gonefishin5555

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Not sure if this is allowed in the lounge or where it should be posted so feel free to move accordingly.

So my gf and I purchased a home here in Lake Havasu. New to the neighborhood. We are permanent residents here as well as the neighbors. On one side of my property my neighbor has a block wall on his side of the property line which is all good I understand his property is his property. However his lot sits higher than mine and his block wall is not a retaining wall so it is built on top of the dirt slope per say which slopes closer to my house. My predicament is unfortunately kinda got off on the wrong foot with the neighbor unintentionally and long story short I would like to remove some of the dirt as it is wide enough to park a trailer next to the house but if I park a toyhauler or something the way the slope is the trailer would hit my house. I am not trying to get off on the wrong foot and trying to be as courteous to the fellow havasu resident but he began to say if I dig my dirt out and his wall starts to fall down there will be a lawsuit. Kinda leaves me a little chapped and I'm thinking my property is my property ill dig it out if I want to. Another little opportunity is, some of his footing for said wall is on my property. However I'm not looking to start any issues and all I would like is to park a trailer. Is his wall grandfathered in per say and now it is my responsibility to put a retaining wall in and support his wall in order to dig my side down? Is that a question for the city? Real estate attorney? Anybody in the know?
Anyhow thanks for the advice. Pics attached of my opportunity.

Sorry for the long boring post. Eventually I will have some boating content for you fellow inmates.
You are trying to put an rv spot where’s it doesn’t belong. Remove the post. You can probably store an rv on the front portion of the spot. Keep in mind you only need to pave back to the rear wheel on the trailer. You could probably dig out six inches if you need to and just cement where the tires go.
 

Looking Glass

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You are trying to put an rv spot where’s it doesn’t belong. Remove the post. You can probably store an rv on the front portion of the spot. Keep in mind you only need to pave back to the rear wheel on the trailer. You could probably dig out six inches if you need to and just cement where the tires go.

Where does it state "It Doesn'T Belong"?
 

stephenkatsea

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Did he have a contractor do the work?
I would get a compaction report completed to make sure the dirt he placed on your lot is compacted and has a optimum moisture content. If he didn’t dig down on your lot and Key In the new fill then the fill is just sitting on top native and would have a Potential to move - wash / out in a heavy rain and onto someone’s yard/property. this worst case is dependent upon the correct conditions.

there is a huge unseen liability to back filling if something down the road were to happen it would be on you. It all depends on the situation and surrounding grades.







QUOTE="stephenkatsea, post: 3974457, member: 1681"]
I’ve been told AZ does NOT require a survey of a lot when sold. We demanded a survey from the seller when we purchased the lot adjacent to our home. We settled on splitting the cost of the survey with the seller. That all worked out well. We built our RV garage on that lot. We opted to excavate that lot with a 2:1 slope at the rear of the lot, and maintained the required easement with the lot to the rear. The new owner of the lot to the rear of, and lower than our excavated and built upon lot, later opted to begin bring fill dirt onto his lot. Without saying a word to me he began spreading that fill dirt, covering the survey marks and now extending 1/2 up our 2:1 slope. I told him the fill he was spreading up the slope was being spread on our property. Please stop now and are place the proper survey marks because his spreaded fill now covered the paid for and previously placed survey marks with about 5 ft of dirt. That was 3 years ago. Finally, prior to the holidays, he sent out a survey crew to re-establish visible survey markers on the surface. What’s his next move?? Who knows? Hope I don’t need RD’s real estate attorney. I notified/filed with Mohave County and LHC on the matter, so it has been memorialized.
[/QUOTE]
His fill was spread directly upon our previously excavated slope. He did NOT dig down and key in to our slope. I have asked him, in writing with his dated signature acknowledging the request, for a soil compaction report and that signed request is on file with Mohave County. So far, he's provided no report. It's been 3 years. He's done no further filling or spreading since then. The lot which is now encroaching on our property is a 3 sided, triangular, flag lot with a long diveway which is adjacent to one side of our lot. The flag lot driveway is not on our property and is not a problem at this time.
 

RiverDave

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At the front where my gate posts are its only about a 6" difference maybe less, at the back of my house it is about 4' difference and even more towards the back of my property. If I could keep going I have another 30 or 40 feet from the back of my house to the back of my property line. I haven't gotten my lot surveyed but the pins are still there from a previous time it was surveyed. I took a string line from pin to pin down that one side. I will get it surveyed though just to make sure I'm crossing all T's and dotting all I's I have all my paperwork in order.
RD my lack of inexperience of purchasing land/homes i didn't know about certain info being disclosed. My gf and I are 25 and this is our 2nd home. Only lived in our first home for a year. So we are pretty green if you will.
Asking this not knowing.. Did you use my RE Team to buy the home? Stacy is usually pretty on top of this kinda stuff.. If we sold you the home, then I'll make it my personal mission to unfuck this situation and make you whole.

If you didn't, you will still be alright.. Arizona is HUGE on the disclosure portion of a sale. The seller literally has to disclose "everything" or there is possible recourse.


What did the city say?

RD
 

evantwheeler

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Asking this not knowing.. Did you use my RE Team to buy the home? Stacy is usually pretty on top of this kinda stuff.. If we sold you the home, then I'll make it my personal mission to unfuck this situation and make you whole.

If you didn't, you will still be alright.. Arizona is HUGE on the disclosure portion of a sale. The seller literally has to disclose "everything" or there is possible recourse.


What did the city say?

RD
What is fucked about the situation that needs unfucking? Guy bought a house, didn't think or consider about what it would cost to modify the property to use as he desired, and now it's the neighbors problem?
 

CSmith

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What is fucked about the situation that needs unfucking? Guy bought a house, didn't think or consider about what it would cost to modify the property to use as he desired, and now it's the neighbors problem?
No RD I did not use your team. Maybe @evantwheeler you didn't read my original post? At what point did I say I'm worried about how much it was going to cost? Before you get all hot in your britches maybe reread? I purchased the home and knew there was enough room to park an rv on the side of my property, my question was simply if I remove dirt to make the side of my property to my property line level, is it my legal responsibility to put in some sort of retaining wall to support my neighbors wall or if that was on my neighbor. Now, go drink a beer and take your blood pressure medication. 👍or perhaps your my neighbor 🤣?
 

evantwheeler

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No RD I did not use your team. Maybe @evantwheeler you didn't read my original post? At what point did I say I'm worried about how much it was going to cost? Before you get all hot in your britches maybe reread? I purchased the home and knew there was enough room to park an rv on the side of my property, my question was simply if I remove dirt to make the side of my property to my property line level, is it my legal responsibility to put in some sort of retaining wall to support my neighbors wall or if that was on my neighbor. Now, go drink a beer and take your blood pressure medication. 👍or perhaps your my neighbor 🤣?
I've read all the posts, I'm not your neighbor, my britches are just fine, and I'm far too young for blood pressure meds. Good luck champ!
 

DUNEFLYER

The original DUNEFLYER of RDP 😁
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If you remove dirt/slope to make your lot level and you dont build a retaining wall and his wall collapses you bought the farm.
I had some very nervous times waiting for my retaining wall to get installed. If my neighbors wall collapsed during my build I would have been on the hook for it all.

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CSmith

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Just got back from the city and yes it is my responsibility to put in a retaining wall or whatever it takes to support his wall. Doesn't matter if his wall or footing is somewhat on my property line or not. Now that @DUNEFLYER would be pretty nerve-racking waiting for that one to be completed. Thanks all for chiming in with your experiences and knowledge. I look forward to doing something with that side of my property and ill post some pics for anyone that cares of the process and maybe it will help a fellow inmate some day.
 

Dirtbag

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If you remove dirt/slope to make your lot level and you dont build a retaining wall and his wall collapses you bought the farm.
I had some very nervous times waiting for my retaining wall to get installed. If my neighbors wall collapsed during my build I would have been on the hook for it all.

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that is a great lot! curious how much that was.
 

DUNEFLYER

The original DUNEFLYER of RDP 😁
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Happy to say that similar lots/views in the Riviera and the new Sailing Hawks area are selling for 750k-1mill :0
 

TITTIES AND BEER

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We just did 1650’ of fence I was surprised when both neighbors stepped up with there 1/2 of $$$$ 😎👍
 
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