FixThisWall

All elements present in this property: Downhill property (City) is likely responsible for this retaining wall when it needs repair.  Street excavating  appears to have necessitated the retaining wall to install the public sidewalks. And, property boundaries show wall in the City's exclusive right-of-way as noted by yellow property lines. Thus, City would owe a duty to the uphill property owner.

In a victorious case for the uphill homeowner, a jury found the City of Minneapolis responsible for this Linden Hills neighborhood retaining wall. The wall is the result of 1924 city street grading.  The wall is 8' in the City's right-of-way as shown by property marker.  The wall supports the public sidewalk. The City (downhill) owed a duty to the uphill property.

This leaning, cracking retaining wall straddles the property line based on survey.  Look to who excavated and changed the level of the land.  Here, document research revealed that the City of Edina excavated to lay public sidewalks in the right-of-way 90 years ago and owes a duty to the uphill homeowner.  Edina fixed the wall.

This property owner reshaped the natural level of the land through both excavating and backfilling when building a new house in an old neighborhood.  In the process, they built two large retaining walls on the uphill and downhill sides of their lot.  New construction research is fairly easy because relevant records are easy to access.

The owners excavated to build these retaining walls to hold back the soil from their new private driveway.  Further, the retaining walls and driveway are located fully on their property because they had a survey and permits for the work.  They are responsible, not their neighbors.

Retaining walls created by either backfilling or re-grading and are fully within boundary lines are this property owner's responsibility.  

This property likely touches on the issues we have raised.  The driveway appears to serve the house on the right.  Yet, county records show the driveway on the left neighbor's property.  Further, the driveway appears to have caused retaining wall grading located on the uphill property to the right.  This situation is best served by a private easement agreement between the two neighbors where the user might pay for all maintenance in exchange for use of the driveway property.