Legal Question in Real Estate Law in California
My question has to do with responsibility for a retaining wall that is on our neighbors property but supports the hillside that our property is on, we live in California. A recent property line survey shows that the retaining wall is on their side of the property line by 12" all the way up to about 36" for most of the length of the wall. The wall does not touch the property line or our property. The retaining wall lines one side of the neighbors driveway and is about 5 feet tall. About 36" beyond the retaining wall from the neighbors driveway is the actual property line, and about 36" beyond that is the fence that borders our side yard. The property line is midway between the fence and the retaining wall on a steep hillside. Our property is about 10' higher in elevation than the neighbors.property. The retaining wall is the original retaining wall built in 1980, both houses are the original houses and were built in 1984. The wooden retaining wall has failed in one place and the entire wall has deteriorated and is in need of replacement. Who is responsible for the cost of replacing the retaining wall?
The way I understand it is that the neighbors would be responsible because the retaining wall is 100% on their property and provides support to our property instead of the hillside that was excavated to provide a graded lot for for their driveway and garage. We do have seven redwood trees that line that side of our property, all of the trees are 8-10 feet from the property line on our side, I don't know if the root systems putting pressure on the hillside and wall would make us partially responsible, I didn't see any roots coming out of the hillside on the neighbors property where the wall had failed. Even if the wall is not our responsibility at all, is there some sort of common practice where we should share in the cost anyways even though it's not on our property, or is that normally not done?
1 Answer from Attorneys
It's doubtful that the neighbors are liable for rebuilding a wall on their property to protect you from earthslides under the circumstances you describe, although it's possible. Under the common law, they would have been, but some decades ago California adopted a statute that protects developers of hillside property when they follow a few basic steps and observe a few limitations. I think you will need to discuss the specifics of your situation with a local real estate lawyer who can quiz you about the history of your land, the wall, and the neighbor's development of his property.
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