Legal Question in Construction Law in California

California Resident, property backs to a city street, we are the high ground.

The retaining wall that was built for the dozen or so homes on our block is starting to fail. The wall looks to have been necessitated because of grading (presumably by the city) to create the street and improve conveyance of the general population. I'm assuming the grading occurred 70 or so years ago.

Who is responsible for repairing or replacing the failing retaining wall. I've seen the "Good neighbor" fence law, but doesn't apply because it's neither a fence, nor two private owners with a dividing boundary.

Thank you,

Jason K.


Asked on 7/12/17, 1:34 pm

1 Answer from Attorneys

Generally the owner of the down-hill property owes a duty not to disturb "lateral and subjacent support" to the up-hill property if it alters the natural landscape, by grading, excavation, etc.and to provide and maintain artificial support if needed after excavation or grading. So if the city did in fact cut through the hill to grade the road, and built the retaining wall to provide support, the city would generally have a duty to maintain it. There are, however, exceptions and variations in some cases, as well as very short deadlines for making claims against public entities once a loss is discovered. So you should probably consult with a local real estate attorney who knows this area of the law well.

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Answered on 7/12/17, 4:25 pm


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