Legal Question in Real Estate Law in California
Retaining Wall
I recenty replaced a failing reataing wall. The original wall ran along the front property of my house and my neighbors. I had the original concrete retaining wall cut at the property line and replaced with a cmu block wall. Now my neighbor is claiming that her wall has recent stress cracks. I am on the down hill side of the property an my new wall is not putting any additional load on her wall. Could I be held responsible for her wall?
1 Answer from Attorneys
Re: Retaining Wall
You could be, under what is known as the doctrine of lateral support. Simply stated, one property owner may not undercut soil on their property to the point that other properties adjacent to your property begin to slide.
If you are the downhill owner, the force of gravity will pull on her property, and her property will begin to slide. The earth's surface is in state of constant change. The foundation of a well built house is actually a dam against the earth's movement, and is not simply what holds the house up.
When you modified the retaining wall, the soil behind the retaining wall shifted, and that is what has caused her wall to crack.
Very truly yours,
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