Our neighbors’ landscaping is causing our block wall to collapse. What can we do?
Question: We bought a home in the Valley with a "clean" title insurance policy. A few months after we moved into the house, we noticed that the block wall in our backyard on our property between us and our neighbor was collapsing. The collapse was due to the neighbor's landscaping encroaching onto our property. Our title company says that our title policy only covers the legal ownership of the property that we own and that there is no dispute as to the legal ownership of our property. Further, our title company says that we could have paid for an endorsement of our title policy that would include a survey with a physical inspection of the property. Our neighbor still refuses to do anything. What can we do now to protect our property?
Answer: First, you have the right to "self-help" (i.e., physically remove as much as possible of the landscaping encroaching onto your property). Second, you should consult with a civil engineer and, if necessary, consult with an attorney about getting a court order requiring your neighbor to correct the landscaping encroachment.
Contact real estate attorney Christopher A. Combs at .