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Gate opening at retaining wall.

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Wow, those are playing tricks on my eyes. First pic looks like it closes over the top of the wall, then it's obviously hitting it in the second.

They could fasten a post with the receiver latch to the adjoining fence and stair step the gate. Done pretty common here with a common shared fence to fasten both gates to one fence. Even if the gate is moved something similar would still need done if they don't want a gap at the wall, unless there is another full fence on this side of the wall as well.

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I would not comment on the gate. I would say a partial opening gate is more useful than the solid fence likely to replace the gate.

I would be a little more concerned about the distance of the foundation to the retaining wall, especially since around here a retaining wall that height would not be required to be engineered. Since the wall appears to be within the "angle of repose" of the foundation, it would need to be engineered to support the foundation, no?

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