OP
bluedog225
Well-known member
It sure as pulling a string between the survey pins can make me.
Retaining wall
- Thread starter bluedog225
- Start date
OP
bluedog225
Well-known member
I imagine in the last month or two. They closed on Thursday.
carcruse
Well-known member
That may have been only a Mortgage Survey and that is not the same as a Boundary Survey.
OP
bluedog225
Well-known member
OK. Is there a point? I’m pretty sure a line between two points is a pretty accurate representation. Our dispute is not about the exact location of the line. It’s about a series of builders conducting operations on my property.
But if folks didn’t understand my last post, I’ve met the new owners and I think we’ll have a more cordial relationship going forward. My dispute was primarily with a series of builders and the bank/owner. Now the place is owned by my new neighbors. I suspect we will be fine.
But if folks didn’t understand my last post, I’ve met the new owners and I think we’ll have a more cordial relationship going forward. My dispute was primarily with a series of builders and the bank/owner. Now the place is owned by my new neighbors. I suspect we will be fine.
duneslider
Well-known member
Sounds like they are decent people, so it seems like a win so far and the whole situation should work out great.
Codyboy
Well-known member
Yeah I'd want to know that too.
However, unless an iron rod was disturbed by excavation or whatever i dont see them moving on their own.
Sounds like it all started with the initial layout for the forms. Jimmy told jaun to burn a foot on the tape but jaun no comprende English and burned two.
Jimmy wanted 5.5 feet from PL but got 4.5.
Lol.
Hopefully OP, they will make it right though.
Did you not notice the discrepancy for 5 years when they started this project? That's a long time to not notice something like that.
And as far as the city having bli ders on...
Yeah, that guy has a boss and he has a boss.
Then there's always the TV station. Not even kidding.
OP
bluedog225
Well-known member
Interesting development. Their survey is Nov 13, 2025. Mine is sometime in 1991. There’s a full 12 inches missing between the houses. That is, their setback from the property line, plus my setback, add up to more space than there is between the buildings.
Surprisingly, their house is now 5’6” away from the prop line. Not 4’6” as I measured it.
That’s odd.
I thought I mentioned earlier, I pulled a string between the pins during construction years ago. I believed there building was constructed in the setback.
Chief appraiser for city of Austin refused to look. Council member contacted. Nothing they could do. Corruption city process favors developers. Particularly in the boom days a few years ago. No houses around here made it to the market. All “whisper“ sales.
I’ll have a friendly conversation with the neighbor about resolving this before they excavate or pour concrete (on their side of the property line).
This morning they had some soil delivered. Poor contractor (Tony) looked a little uncomfortable when I went over to say hello.
They just don’t seem to be able to stop using my yard as a staging area.
Surprisingly, their house is now 5’6” away from the prop line. Not 4’6” as I measured it.
That’s odd.
I thought I mentioned earlier, I pulled a string between the pins during construction years ago. I believed there building was constructed in the setback.
Chief appraiser for city of Austin refused to look. Council member contacted. Nothing they could do. Corruption city process favors developers. Particularly in the boom days a few years ago. No houses around here made it to the market. All “whisper“ sales.
I’ll have a friendly conversation with the neighbor about resolving this before they excavate or pour concrete (on their side of the property line).
This morning they had some soil delivered. Poor contractor (Tony) looked a little uncomfortable when I went over to say hello.
They just don’t seem to be able to stop using my yard as a staging area.
fourjeepin
Well-known member
seems like you are nicer than I am. I would be very unpleasant if the neighbors construction spilled over that frequently. I hope the situation improves soon.
Never saw that coming...
You need to have all work stopped, immediately, and have the discrepancy resolved.
Unfortunately you really need some legal assistance.
carcruse
Well-known member
Does their survey say Mortgage anywhere on it? As I mentioned before a Mortgage Survey and Boundary Survey are not the same thing.
OP
bluedog225
Well-known member
It says something like “for the purposes of this transaction.“
Hooked
Well-known member
It sounds like you and your new neighbor got off to a good start so hopefully all this will work out amicably between you. In this specific instance I doubt the neighbor had any part of where the dirt was dumped but rather the contractor just saw some empty space and said 'dump it'.Interesting development. Their survey is Nov 13, 2025. Mine is sometime in 1991. There’s a full 12 inches missing between the houses. That is, their setback from the property line, plus my setback, add up to more space than there is between the buildings.
Surprisingly, their house is now 5’6” away from the prop line. Not 4’6” as I measured it.
That’s odd.
I thought I mentioned earlier, I pulled a string between the pins during construction years ago. I believed there building was constructed in the setback.
Chief appraiser for city of Austin refused to look. Council member contacted. Nothing they could do. Corruption city process favors developers. Particularly in the boom days a few years ago. No houses around here made it to the market. All “whisper“ sales.
I’ll have a friendly conversation with the neighbor about resolving this before they excavate or pour concrete (on their side of the property line).
This morning they had some soil delivered. Poor contractor (Tony) looked a little uncomfortable when I went over to say hello.
They just don’t seem to be able to stop using my yard as a staging area.
Good luck going forward.
carcruse
Well-known member
The transaction is most likely the selling and it is not a boundary survey. There are examples from surveys in my area. Top one is from before building house and bottom one is from when sold when new. Note the fence comment, that survey cannot be used for property line purposes. Top one can.
BombShelter
Well-known member
I am a little confused, are the drawings off or the actual measured space? Is your property drawing dimensionally similar to their's? Up here set-back can be defined by the roof-line as well.
Up here in the Midwest, the retaining wall 95% of the time belongs to the uphill property and after 40-100 years they all lean like that. I can't tell if this property was physically surveyed or your just going by the pins. Pins are great until a neighbor wants a few inches more and moves one in the middle of the night. I agree with the inspector about the string if your talking 6", a laser might be better.
There's no way you'll be able to move the wall back into place easily, you'd have to cut it, excavate, move the sections somehow and pin it with plates which would extend into your neighbors yard.
Water is the main issue with structures like this up here, massive drainage wants to head to your property. Taking out the wall might make your side yard into a pond during rain events. Contractors are notorious for not having a good drainage plan, make sure your neighbor knows that any new wall will need a good drainage plan. Hopefully they don't do rough-face stacked blocks, they allow water to flow through and they'll be giving it all to you. I imagine a poured, somewhat engineered wall would cost 3-5x the price of stacked blocks.
New homeowners are always excited to add new things until the quotes start showing up. Luckily these are slab on grade, if either had a basement I could see big wet basement issues.
Up here in the Midwest, the retaining wall 95% of the time belongs to the uphill property and after 40-100 years they all lean like that. I can't tell if this property was physically surveyed or your just going by the pins. Pins are great until a neighbor wants a few inches more and moves one in the middle of the night. I agree with the inspector about the string if your talking 6", a laser might be better.
There's no way you'll be able to move the wall back into place easily, you'd have to cut it, excavate, move the sections somehow and pin it with plates which would extend into your neighbors yard.
Water is the main issue with structures like this up here, massive drainage wants to head to your property. Taking out the wall might make your side yard into a pond during rain events. Contractors are notorious for not having a good drainage plan, make sure your neighbor knows that any new wall will need a good drainage plan. Hopefully they don't do rough-face stacked blocks, they allow water to flow through and they'll be giving it all to you. I imagine a poured, somewhat engineered wall would cost 3-5x the price of stacked blocks.
New homeowners are always excited to add new things until the quotes start showing up. Luckily these are slab on grade, if either had a basement I could see big wet basement issues.
OP
bluedog225
Well-known member
Money does not seem to be a problem for the new neighbors. I was looking more closely at the surveys. Mine from 1991 is survey iron spike to iron spike. His use is a galvanized fence post, which I am quite confident is probably a foot on my side of the property line. I’ve never seen a survey as a fence post as a corner before.
He’s in a hurry and didn’t seem interested in working with me. So I won’t get to see a copy of the engineered plans, etc.. but he has stated he will keep all construction on his side of the property line. Wherever that may be.
The neighbor was traveling and now it’s christmas. I’ll approach him before excavation or construction starts.
He’s in a hurry and didn’t seem interested in working with me. So I won’t get to see a copy of the engineered plans, etc.. but he has stated he will keep all construction on his side of the property line. Wherever that may be.
The neighbor was traveling and now it’s christmas. I’ll approach him before excavation or construction starts.
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Codyboy
Well-known member
Seems like the iron rods would be what is used and yall would both share the two corners front and back. Idk.
But as far as using other landmarks such as posts and such does exist.
On the written survey for my property , one of the lines describes one of the markers ... it is the center of a Bois D'arc tree.
fourjeepin
Well-known member
I hope they didn’t pay for that survey as no respectable surveyor would base one off a fence post when there are known pins available.
Are you sure it's actually based on fence posts and they arent just noted? They usually show pins and also semi permanent land marks like fence posts and hedges if they are near the property line to show a rough idea of where it is.
The iron rods are a good starting point, however, they must be backed up by a written description following the path to the nearest cornerstones or permanent survey monument. Yes, trees, fenceposts, & Mrs. Brown's barn may be in the ancient description- but they ultimately go back to a legal point. USGS monument
30 or 40 years ago our county surveyors located all of the original section cornerstones (dug up intersections) and set offset monuments outside the roadway. In cities/towns you see the bronze points in sidewalks or curbs.
At your local assessor's or recorder's office- there is a legal description of your property parcel. You do not have to be a surveyor to follow the path. Iron rods can or could have been moved. Especially in an adversial property line situation.
Typically a survey has the pins flagged so you know where the corners are. Did you notice any flags? Painted stakes?
Tom
OP
bluedog225
Well-known member
Many months ago. Maybe a year. No recent survey activity. No new flags. Though the survey has recent date.
OP
bluedog225
Well-known member
View attachment 2485621
This is my latest attempt to stop the people next-door from using my property for their construction activities. First, it was the builder and a series and general contractors. Now I have actual neighbors. Great. I’ve offered to work with them on allowing access to my property and even to go in together on a new retaining wall if they were so inclined.
The response I got was “we will handle everything on our side of the property line.” Fine. Welcome to the neighborhood.
Note, there’s about 4 1/2 feet between the edge of their house and the property line. A violation of city setback, but the city didn’t seem to care.
My previous efforts to put in posts to prevent them operating tracked equipment and loaders and tractors along the side of the house were ineffective because the workers stole the t-posts.
This post is a quarter inch steel. About an 1 1/2 x 2 1/2”. It came from something like a Motorola clean room guardrail specification. I got 40 or 50 of them. They were each individual individually shrink wrapped, marked with serial number, and powder coated.
I dug a hole 3 feet down. And put a couple of half inch by 10” inch hot dipped carriage bolts through the holes in the bottom of the post. Then ponded the post down. Then I put a can of great stuff pro foam down in the bottom of the hole that I had belled out pretty good. I pierced it with a shovel and then filled the rest of the hole with mixed high strength concrete.
I checked on it a couple of days later. Solid. Zero wiggle. I’m sure the foam won’t do any good for the metal years down the road, but I’m not worried about that. I’m pretty sure the foam is going to stick to the concrete, the carriage bolts, and the post pretty well.
You can see from the string they pulled between the two iron post at the properties corners, my placement was just about perfect.
The crew came out today with a trencher. It was a Home Depot rental of course it didn’t work. This afternoon they came out with a mini excavator. It’s too wide to pass between the post on the house.
This may be God protecting the crew. They were trying to operate that trencher directly on top of the gas line. I called dial before you dig to have it marked before I dug the hole from my post.
This is my latest attempt to stop the people next-door from using my property for their construction activities. First, it was the builder and a series and general contractors. Now I have actual neighbors. Great. I’ve offered to work with them on allowing access to my property and even to go in together on a new retaining wall if they were so inclined.
The response I got was “we will handle everything on our side of the property line.” Fine. Welcome to the neighborhood.
Note, there’s about 4 1/2 feet between the edge of their house and the property line. A violation of city setback, but the city didn’t seem to care.
My previous efforts to put in posts to prevent them operating tracked equipment and loaders and tractors along the side of the house were ineffective because the workers stole the t-posts.
This post is a quarter inch steel. About an 1 1/2 x 2 1/2”. It came from something like a Motorola clean room guardrail specification. I got 40 or 50 of them. They were each individual individually shrink wrapped, marked with serial number, and powder coated.
I dug a hole 3 feet down. And put a couple of half inch by 10” inch hot dipped carriage bolts through the holes in the bottom of the post. Then ponded the post down. Then I put a can of great stuff pro foam down in the bottom of the hole that I had belled out pretty good. I pierced it with a shovel and then filled the rest of the hole with mixed high strength concrete.
I checked on it a couple of days later. Solid. Zero wiggle. I’m sure the foam won’t do any good for the metal years down the road, but I’m not worried about that. I’m pretty sure the foam is going to stick to the concrete, the carriage bolts, and the post pretty well.
You can see from the string they pulled between the two iron post at the properties corners, my placement was just about perfect.
The crew came out today with a trencher. It was a Home Depot rental of course it didn’t work. This afternoon they came out with a mini excavator. It’s too wide to pass between the post on the house.
This may be God protecting the crew. They were trying to operate that trencher directly on top of the gas line. I called dial before you dig to have it marked before I dug the hole from my post.
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strength_and_power
Well-known member
- Joined
- Apr 26, 2015
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- 1,392
What a fiasco
fourjeepin
Well-known member
If you don't already have one, a camera watching that line would be good.
wssix99
Well-known member
This is very disappointing. My first thought was that its time to start building a Trebuchet in the back yard in case things escalate. I also sympathize with your situation - my City won't enforce their own regulations or codes, either. The "Wild West" is back and honest people pay all the bills.
I think your fence is a great investment. I assume you have a good video system to go along with it!
What a thread.
Construct your fence to keep contractors out in the short term. In the long term, don't do anything with the wall. Let it fall (in 20+ more years probably), then you can decide what to do with it then. Replace it with block, or just let the dirt fall to grade, seed it, and let grass grow on it.
Construct your fence to keep contractors out in the short term. In the long term, don't do anything with the wall. Let it fall (in 20+ more years probably), then you can decide what to do with it then. Replace it with block, or just let the dirt fall to grade, seed it, and let grass grow on it.
i wold start with a surveyor. Have him put in a pin every three feet or so. Then have him prepare and record a plat of this survey Which shows the houses, the wall, measurements, etc.
The existing retaining wall needs to be replaced with a properly engineered one. I would be concerned about my own liability if I failed to maintain a structure that was holding back my neighbors soil.
The existing retaining wall needs to be replaced with a properly engineered one. I would be concerned about my own liability if I failed to maintain a structure that was holding back my neighbors soil.
SSDVC
Member
Get a lawyer !!!
My limited experience with a geotechnical Engineer related to tiebacks to stabilize a site retaining wall is that the tiebacks would have had to go very far into the uphill soil and the idea was abandoned and a proper self sufficient wall built. I mentioned that because it seems cloudy about the issues that might come if the required tiebacks cross the property line.
About a new retaining wall, there are designs possible that the greater extended portion of the footing can be on either side of the wall, meaning the majority of the footing can be on your side. That is a much less effective solution but it could avoid issues with the adjacent foundation.
Be aware that vertical surcharge loads (think adjacent building) applied to the soil cause horizontal loads in the adjacent soil. Whether it affects your situation and solution depends a number of things that you may need help determining.
In any case, a solution definitely warrants a structural Engineer's (certified/sealed) design. An insured professional taking responsibility.
About a new retaining wall, there are designs possible that the greater extended portion of the footing can be on either side of the wall, meaning the majority of the footing can be on your side. That is a much less effective solution but it could avoid issues with the adjacent foundation.
Be aware that vertical surcharge loads (think adjacent building) applied to the soil cause horizontal loads in the adjacent soil. Whether it affects your situation and solution depends a number of things that you may need help determining.
In any case, a solution definitely warrants a structural Engineer's (certified/sealed) design. An insured professional taking responsibility.
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logical
Well-known member
Even once the sand piles, construction workers and equipment are gone you have a monster building 10 feet or so from your house. Is that something you can live with?
If the neighborhood will support that much of a new house, maybe your lot is worth more than you realize.
If the neighborhood will support that much of a new house, maybe your lot is worth more than you realize.
OP
bluedog225
Well-known member
They’re digging by hand since there’s no way to get a machine back there. At least not without getting onto my property. Hard sticky clay. The crew is not happy.
The water in the trench I believe is coming from a seep spring in the hill. Consistent with the house being built on what I believed to be an old creek bed. It is not rained for quite a while.
The crew is no longer showing up. They may have abandoned the job or holding out for more money. The general contractor is not returning my calls.
No communication from the neighbors.
The water in the trench I believe is coming from a seep spring in the hill. Consistent with the house being built on what I believed to be an old creek bed. It is not rained for quite a while.
The crew is no longer showing up. They may have abandoned the job or holding out for more money. The general contractor is not returning my calls.
No communication from the neighbors.
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OP
bluedog225
Well-known member
Came home to this. No communication from the homeowners or the contractor.
I’m having a cup of coffee while I think about whether to go out there with a 16 pound sledge
I’m having a cup of coffee while I think about whether to go out there with a 16 pound sledge
OP
bluedog225
Well-known member
On the bright side, they are following the property line.
You seem to be making this into something it isn't.
Perhaps instead of fighting the neighbors and the contractor each step of the way you could do something to make their life easier.
Otherwise, if you're adamant they do it all from there side, maybe stay out of it and focus on your own property.
Perhaps instead of fighting the neighbors and the contractor each step of the way you could do something to make their life easier.
Otherwise, if you're adamant they do it all from there side, maybe stay out of it and focus on your own property.
OP
bluedog225
Well-known member
If you read more carefully, you will see that I am focused on my land. A phone call before putting framing on my property would have been appropriate. I’ve offered 3 times to work with them on this and they have declined. And I’ve issued a criminal trespass warning to the general contractor. He just doesn’t give e a ****. Some people need help with appropriate communications. I think a sawzall will be easier than swinging that big sledge.
It would have been nice for them to say they're doing that but come on, they're building it on their side and haven't brought more big equipment back there.
But if thats all it is for prep for their own wall it'll probably end up looking like yours all angled and replacing yours might now affect that one when its dug out to do the work. Before being an *** and wrecking what they're doing, which might end up with you being sued, go talk to them again before anything is poured and it's too late. If you're willing to let them get bigger equipment in there and pay part of it they might be open to doing a proper wall that'll actually last a while.
Or call the city back again, maybe they have building codes for that type of work.
But if thats all it is for prep for their own wall it'll probably end up looking like yours all angled and replacing yours might now affect that one when its dug out to do the work. Before being an *** and wrecking what they're doing, which might end up with you being sued, go talk to them again before anything is poured and it's too late. If you're willing to let them get bigger equipment in there and pay part of it they might be open to doing a proper wall that'll actually last a while.
Or call the city back again, maybe they have building codes for that type of work.
OP
bluedog225
Well-known member
Agreed. I’m not going to cut up their stuff. Well, probably not. Though I hate leaving town for the weekend and coming back to this.
Their prep looks crappy to me. Though I’m no engineer. I have no real idea what they are doing though it looks like a big square concrete beam is planned. And it’s a long way back to that fence. Be interesting if they plan to haul it back by hand.
One of the three times I offered to do this jointly I asked them for the engineering plans and they said no.
I don’t think offering to help a fourth time is going to make a difference. They seem to be interested in getting something done and they don’t really care what. I suspect the new retaining wall is a condition of the lender.
These neighbors are not construction savvy in any way.
Their prep looks crappy to me. Though I’m no engineer. I have no real idea what they are doing though it looks like a big square concrete beam is planned. And it’s a long way back to that fence. Be interesting if they plan to haul it back by hand.
One of the three times I offered to do this jointly I asked them for the engineering plans and they said no.
I don’t think offering to help a fourth time is going to make a difference. They seem to be interested in getting something done and they don’t really care what. I suspect the new retaining wall is a condition of the lender.
These neighbors are not construction savvy in any way.
Junkman
Well-known member
Do they have a building permit for the wall? I can see them using a concrete pumping truck to fill that hole, but whatever you do, don't destroy anything. Possibly, you can get the city to issue a stop-work order?
OP
bluedog225
Well-known member
Before the new neighbors closed on the house, the contractor claimed no permit required. And I’m not inclined to go to the city on my neighbors. I’m pretty confident I can remove their 2x6’s from my property without being sued. And a lawsuit would be fine. It’s like cutting a tree limb. If they have a ****** attitude, that’s still an option.
I feel sorry for the crew. Miserable work cleaning out the ditch.
if they try and haul all that concrete in manually, they’re going to collapse that dirt wall by the house. It’s already starting to fall into the ditch. I see no signs they’re planning on bracing that side
I feel sorry for the crew. Miserable work cleaning out the ditch.
if they try and haul all that concrete in manually, they’re going to collapse that dirt wall by the house. It’s already starting to fall into the ditch. I see no signs they’re planning on bracing that side