retaining wall responsibility

[dunamis]

What is the name of your state? Washington State

Our house was built on a hill and was fully completed a year or so before a contractor began building on the lot above ours. After completing their foundation and framework, the contractor put in retaining wall between our lots. The wall is on their property.

After several years, the wall is now bulging and their land is sinking. The owners claim it is our financial responsibilty to repair the retaining wall because the building of our house disturbed the integrity of their land.

Since our house was built first and the wall is on their property is it really our financial responsiblity?

 

[justalayman]

Did you need to excavate your property in any way that caused a change to the lay of the land that would neccessitate the retaining wall?

Maybe more simple; why did the retaining wall need to be installed?

 

[dunamis]

reply

The only thing done to our land was to dig the foundation. The retaining wall was built after they dug their foundation because the slope was so steep and they wanted a front yard as well as a fenced backyard.

 

[justalayman]

So, as I picture this, they built the wall so they could fill the area in and raise the lowland to match the higher areas and provide for a relatively level area. Close?

If so, then it would appear they altered the natural lay of the land. As such, it would be their responsibilty to maintain their wall and are even liable to you for any damages caused by their lack of maintainance.

 

[dunamis]

re

Yes, first they piled all the dirt from their foundation to that side of their property and then built a wall next to it. Their house is about 6-7 feet from the wall.

 

[dunamis]

re

Yes thats what they did.

 

[DAS]

Check with country or city laws

I am not a lawyer.
There are guidelines and laws in place in many areas pertaining to retaining walls. Check out your local city laws or county.
In my area which is not where you live. As long as you did not alter the land that created the difference in levels. Then who's ever land it's holding up is responsible for the wall.
Pretty simple here but as usually there are always the twists. this is how a friend of mine fought and won a very similiar situation. Eventually due to the potential cost of the wall my friends did get a lawyer but had this info in hand -they won.
So to get info together to fight it:
Do you by chance have pictures to document that your house was there before the contractor started building and what the lay of the land was before alteration was done. More specifically on the side where the new house was built.
How about the assessors office they will also have dates and documentation of when a home began construction and completion for tax purposes, this will help prove who was there first and if lucky will also have pictures or additional information as to the lay of the land. They should have a nice file documenting all sorts of stuff - try it. (this is public information.) Also you maybe able to find out if the builder was required to place a wall up by the city or county building inspector.(public info in my area) In my area we are able to pull and find out when permits were issues such as for the beginning of home construction and the retaining wall. It help in my friends case, they contacted the contractor who had built the retaining wall to prove who intiated the construction of the wall and who paid for it. All he did was write a letter. Whatever you do if this is a heated thing. Document. Document. Document. Write letters-send them certified. Have someone with you for any discussion. Get anything in writing that will help you.
A few thoughts

 

[dunamis]

Thank you for your advise. Do you know where I could find Washington State laws that say who is responsible?

 

[justalayman]

here are the Revised Code of Washington. It may or not be somewhere in there but it may very well be hidden in a section that does not specificaly refer to real estate. I have not looked for any applicable statute.
http://apps.leg.wa.gov/rcw/

as a general rule, the person who caused the action that made the wall a neccessity typically is responsible for building the wall (or at least the costs associated with building the wall). Maintaining it could go either way but typically I would think it is on the same person unless the other party did something that damaged the wall in some way. In this case, you neither caused the need nor built the wall so I can see no reason you would have any liability to maintain the wall.

 

[dunamis]

re

What a relief !