Legal Question in Construction Law in California

Re: Retaining wall law

I don't agree with Mr. Olden. I have been a general contractor for nearly 20 years, a carpenter longer than this and a construction law attorney for over 10 years and I can recall the uphill neighbor being responsible for a retaining wall on only rare occasions. The reason is simple: The downhill neighbor is nearly always the one who grades the dirt to make his property level, ie., useable, thus requiring a retaining wall. Why would the uphill neighbor ever agree to help pay for this work? It is of no benefit to him. Indeed, it is a risk to him.

I can envision one scenario where the neighbors might share in the cost of a retaining wall: When a developer develops several lots at one time and as part of the overall development, he makes adjoining property owners share in the cost of retaining walls.

The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. In order to do so, he has to place a retaining wall to hold the dirt in place. As you might imagine, this is a fairly unusual scenario. Filling, compacting and retaining walls are very expensive and most people won't pay this kind of money just to have a level yard. Occasionally, I see people do this to get extra parking.

Thus, the answer to your question lies with who built the retaining wall originally. Nine times out of ten, I think you'll find it was the downhill neighbor. If this can't be determined, then a look at the original slope of the land will reveal whether the retaining wall is holding back fill or is holding up a cut slope. Checking your CC&R's will help you determine whether the developer placed the responsibility for retaining walls jointly on adjoining property owners. If this fails, you could do a survey to determine on whose property the retaining wall lies, although this won't necessarily tell you whose responsibility the retaining wall is. You'd be surprised how often one neighbor builds a fence or a retaining wall that encroaches onto their neighbor's property.

Re: Retaining wall law

Of the you know I haven't had this question asked in a very long time. But to my recollection knowledge is the individual who is property is being supported. You might say the "uphill neighbor". Except as the wall is fully on your property and not on your neighbors property, which it would take a survey to verify, it would be your responsibility that you would have total control over the nature, size, configuration of the wall itself. Having had neighbors who wore the bast over the years I found it easy to speak with my neighbors, share the cost of common fencing and deal with it that way. My real question is what the hell is the problem?? Does someone either not want to contribute, won a different design what doesn't feel it is needed.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.