Public right-of-way retaining wall

[Walteroney]

What is the name of your state? Washington

We are buying a house, for which we got a survey done, to make sure of property boundaries.

It’s an older neighborhood where streets/roads are not built to the code.

According to survey, in front of the house, there is a 2ft high retaining wall, about 5ft inside the public right-of-way.

Is that a problem? Can city/neighbors complain about it for no reason? Any future liability concerns if we buy this house?

 

[justalayman]

when was the retaining wall built and who built it? It could be whoever built the road also constructed the retaining wall to allow for the building of the road. If that is the case I see no problems with it. If the facts of the origin of the wall differ, whether it is a concern or not would be based on the different info.

 

[HRZ]

I might take a look at the structural soundness of the wall with an engineer as well...generally speaking one cannot acquire a prescriptive easement over public lands ...IF and that's a unknown IF about now, the wall is in an improper location and it ever fails you might have to walk on eggshells to reconstruct it . Whether that is a big exposure is a rather local question. I'd NOT kick a sleeping dog. it may well be a safe dog ...but be alert.

 

[Walteroney]

Hard to know who built it as current owner is not original owner.

Houses here are on slope, and other houses front slopes towards the road. This house has the retaining wall probably to keep the front yard pretty flat, as there is about 8-10 ft of street between wall and pavement.

I guess I understand the structural integrity part. Only thing is can city/neighbor complain about it at random and make us move it or something. That could be a big cost.

 

[justalayman]

I guess a better question would be:

Does it appear it was necessary to build the retaining wall when the road was built?

I cannot imagine a situation that would allow the neighbors to complain about its placement as it’s not on their land.

 

[HRZ]

I think being forced to move an existing sound wall is low risk....IF the wall is in serious need of repairs, which you did not mention, I might make it a condition in my offer that the current owner repair /replace the wall to the following standards XYZ prior to closing IF you are real nervous about the wall.

 

[Walteroney]

I guess a better question would be:

Does it appear it was necessary to build the retaining wall when the road was built?

I cannot imagine a situation that would allow the neighbors to complain about its placement as it’s

I guess a better question would be:

Does it appear it was necessary to build the retaining wall when the road was built?

I cannot imagine a situation that would allow the neighbors to complain about its placement as it’s not on their land.

Thanks.

Doesn't seem like necessary as other houses in next to it don't have such wall. They just have more sloped front yard, and this has more flat because of the wall.

Logically I would agree, but who knows what sort of neighbors are there? Maybe the wall reduces the available street parking...

 

[Walteroney]

I think being forced to move an existing sound wall is low risk....IF the wall is in serious need of repairs, which you did not mention, I might make it a condition in my offer that the current owner repair /replace the wall to the following standards XYZ prior to closing IF you are real nervous about the wall.

Inspection didn't raise any concerns about condition of wall, just the position of it was pointed out.

 

[justalayman]

Check to see if it was built with a permit. If so I suggest the municipality is fine with it. The neighbors have nonstanding to object to it.

 

[Walteroney]

Good idea. Will do that. Thanks.

 

[Walteroney]

There is no permit for it, that city people could find

I didn’t press them, as to not shake any hornets nest.