Controversy could land them in court

Osoyoos residents Phil and Yelka Nash of 4007 Lobelia Drive are upset by neighbour Len Dyck's construction of a seven-foot high retaining wall which faces their home and sits on the property line.
The cement wall will eventually hold a parking space for their neighbour's RV.
The Nashes' two primary concerns about the wall are that they feel, because it is attached to the foundation of the house, it is part of the structure, rather than merely a retaining wall.
If it is indeed part of the structure, then the Nashes feel that it has not been built within the interior lot line set back of 1.5 metres.
According to Phil and Yelka Nash, the wall is situated right on their property line.
The second concern is the structure of the wall itself. There are two long cracks in the wall's cement, one of which traverses the length of the wall from top to bottom.
The Nashes are concerned that the cracks could pose a significant risk of the wall collapsing, especially with a heave of frost during the winter.
It's an accident waiting to happen, and who's going to pay for it? asked Yelka Nash.
The Nashes are also upset about damage to their grassed pathway alongside the wall. During construction of the wall, the grass was destroyed by sand and fill.
Phil Nash addressed their concerns to council at the April 4 public meeting. He also requested the mayor and/ or a councillor come by the property to see exactly what has been approved.
It is clear to myself and my neighbours that a mistake has been made, but it can still be rectified,  Nash said.
I just implore you to come out and take a look at this eyesore and tell me if you would like to have it built next to your house.rnCouncillor Ken Davreux visited the Nashes and, although he sympathised with their concerns, said that he has to look at the building inspector's opinion.
Davreux said that he hopes to try to mediate a resolution between the two neighbours rather than see the dispute continue towards legal action.
Davreux also added the Nashes expressed the opinion that if the wall were lowered, it might make them happier.
Town of Osoyoos building inspector Dennis Tomlin has stated that everything Len Dyck has done is within the town's bylaws.
Tomlin went on to say that the engineer who built the wall will have to address any concerns over the stress cracks that have appeared.
Len Dyck concurred that the wall had been engineered and that the engineer will take full responsibility for any damages should they occur. Dyck also said that he would like to work with his neighbours to come to a solution regarding landscaping the Nashes' pathway which was damaged during the construction.
It's kind of upsetting. I like to work well with my neighbourhood, said Dyck.
Phil Nash said that he, too, likes to be a good neighbour, but he can't seem to see a solution.
The neighbours each have hired lawyers who are looking at what step to take next.