Retaining Walls?

I've searched previous messages, but I can't find exactly the situation I'm looking for.

We're a small (19 unit) townhome association. Another (bigger) townhome association backs up to our property. An apartment complex backs up to our property on the same side that the other association does (one is on the east side of our back property and the other is on the west side).

Where these two back up to our property, there is a 6 inch wide, 2 foot tall, 200 foot long (?) retaining wall made of poured concrete.

WHO is responsible for the retaining wall? It is retaining those two properties, not ours. I could find lots of posts about retaining walls within an association, but not between three different associations.

Now, the apartment complex erected a 6' wood slat fence about 1 foot in (closer to the center of their property) from the retaining wall (years ago). They have a HUGE tree (those horrific Chinese/Japanese Elm things) that lives between their wood fence and their retaining wall. They do NOT maintain the portion of THEIR property that exists between their two fences.

Now, my problem. The retaining wall is cracking, in different locations. The huge tree by the apartment complex is tearing down the retaining wall.

Now, I always "assumed" (sooooooo dangerous) that retaining walls were the responsibility of the person/organization who's property is being retained - is that right? Remember, I'm in Colorado.

Can I ask them to make repairs to their respective portions of their retaining wall? I know I can ask...can I FORCE? Can I ask the apartment complex to tear down their tree? What if I authorize our landscape guy to cut the tree down? It's on THEIR property, but it's impacting OUR garage roofs. Plus, that stupid tree sprouts other trees almost overnight.

Thoughts?

Do you have a local zoning enforcement agency?

We do, it's called Inspections, Permits and Licensing. IPL

I'm not sure what other municipalities call it, but I would start with your mayor's office and see.

They can send out an enforcement officer to take a look, and, if it doesn't pass, they would be the ones to compel the repair.

Larry is right..looks like a survey is in order. As to the tree I have always heard an adjacent owner can trim any limbs that extend over their property.

Tracie,

We didn't have a retaining wall but we had trees that were on our neighbors property and after I kindly talked to them about it and mentioned that we wouldn't want to put their insurance company on notice the trees got taken care of. :-}

Well, that throws another monkey wrench in, doesn't it?

I'll take this into consideration if the surveyor DOES determine it's on our property.

I just can't imagine why it would be our responsibility. It's not holding back our property!!! GRRRR...laws, statutes, and rules, oh my!

Intriguing. Theoretically, I completely understand the concept, but it still seems stupid to me. (I know...I know...lawyers...)
- My association - built 1983
- Adjoining property association - built 1996.
We were here first! No fair, so there!

We have no slope/creek/gully, we're just in hilly country (Colorado, foothills of Rocky Mountains - very few level lots here). We're just a slightly lower elevation from the neighbors.

In my experience, everywhere, poo does run downhill...I'm usually at the bottom, too.

Ahhh...now I understand a bit more about your other rant! Our retaining wall is completely on common area...no owner easement necessary. I wonder if we could work out a three property agreement, though...