Do I need to help with retaining wall replacement?

[dan76eb]

What is the name of your state? California


Here is some background on my situation. My home is 15 years old and I purchased it from the original owner 6 years ago. When my home was built, like many in the area, it sits about 2 to 3 feet higher than my neighbor. There is a fence that runs down the property line and a gentle slope on his side until it becomes level to where his house sits.

The first 2 to 3 years my house was here, there was just an empty lot next to my house while the builder built out the rest of the neighborhood. When my next door neighbor purchased this lot and chose his house, he told the builder he wanted his house to sit 2 feet further away from the fence between him and me, so he could have enough room to park his boat on the side of his home. Well the builder forgot about this and the mistake wasn’t found until the sewer, gas, water and cement slab were already in, so there was no way they were going to rip all that up and move it over 2 feet. The solution from the builder was to come in with a dozer and cut right down the property line to get rid of that slope and put up a wooden retaining wall and build a new fence on top of that wall. By eliminating that slope my neighbor would gain his 2 feet back and have his RV access.

Well after a big storm a couple weeks ago the retaining wall gave out in one spot and he approached me about going 50/50 on replacing the whole wall along with putting up a new fence. I have no problem about going 50/50 on a new fence, but I feel I have no responsibility for the cost of a new retaining wall since it was originally put there by a mistake on the builder’s part in order for my neighbor to have his RV access.

Am I in the right to refuse to not help him out financially put up a new wall for his RV access or since the builder came in and put it right down the property line that made me responsible for half the upkeep. I just feel that since my house was here a couple years prior to his and that wall was not there in the original grade for erosion control or water run off, but installed at a later date just for RV access that its not my responsibility to help him replace it.

Any insight would be appreciated.

Thanks

 

[divgradcurl]

If what you are saying is correct about the timing, then you don't have responsibility to repair or maintain the retaining wall. In fact, because the property owner essentially "cut into" the hill, he is responsible for maintaining "subjacent support" for your property. The specific code section is Cal. Civ. Code section 832.

You of course ARE responsible for half of the replacement cost or maintenance cost of the fence, Cal. Civ. Code 841.

That said, there may be a local ordinance that is more restrictive than the California code, or may affect the liability somewhat, so you should check into any local codes that might apply. Also, this doesn't mean the the neighbor might not try and sue you for half, but you should be on good footing if you can prove up the timeline in your post.

In addition, this is also assuming that you did nothing to cause the damage -- you didn't build something to overload the retaining wall, or overwater or direct drainage to the area where the retaining wall failed -- that could make you at least partially liable for the repair, if the other side could prove it.

Note to other readers: this is a different situation from some of the other recent retaining wall questions that have come up, as this appears to be a situation where the lower homeowner cut into the lateral support of the existing upper homeowner, which is why liability is more clear. It is different when there is a retaining wall between two homes that was put in before either current owner purchased the home, especially when it was put there by the developer -- then the liability may not be so clear cut, and may be shared, depending on the specific facts.

 

[dan76eb]

Thank you for your reply. I will check into those codes so I may have a more informed discussion with him. I have a friend who is a geologist and knows a few surveyors and I believe I am going to have that property line defined, so I know exactly where that wall stands. It might turn out that its all on his property by a few inches which will give me more ammo for not wanting to pay for its replacement.

I will also contact the previous owner of my home and find out more details from her as I understand from my neighbor that she was not happen when this wall went in.