Legal Question in Real Estate Law in California

1) I live in Spring Valley Ca.

2) Our homes are built on a hill.

3) I have a gravel driveway that is approx. 8 feet above my downhill neighbors property line. We are separated by a fence.

4) Previously there was a gradual slope from her fence line going down to her yard.

5) She has dug out the slope and now there is a 90 degree vertical drop-off from the fence line - this gave her more level area in her back yard.

6) If we have heavy rains it is highly possible that my driveway could collapse and fall into her yard. The weight of my car could also contribute to the problem.

Question - If it collapses is she legally responsible to repair my driveway (say build a concrete retaining wall ) or better yet build a retaining wall now to prevent a potentially dangerous problem from happening?

Thank you for your advice - Bob


Asked on 10/07/15, 9:36 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd say "probably." Look up the articles on "lateral and subjacent support" on the Internet, e.g. Wikipedia. I'd suggest taking pre-rain photos, and of course discussing your concerns with the neighbor if you haven't already done so.

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Answered on 10/07/15, 12:06 pm


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