Legal Question in Real Estate Law in Pennsylvania

property damage, passing the buck

1992 township build a retaining wall in yard. we got block township built it. we signed paper of course with them ,its our wall and we will maintain out walland drainage,,that the town built... its on out property. we said ok.

road cracked. wall pushed in and fell.

insurance wont pay, they said fron an engineer, wall was very poorly built, no drainage, soil from road pushed in on it, poor drainage built, snow plowed against it...

caused it to fall. basically, was a poorly constructed wall built by town,

town said its out wall, insurance pays....

whose responsible by law? town built a poor wall with hardly no drainage by incompetent people, I am not an engineer, the wall looked ok to me, and we signed paper saying we would maintain wall and drainage, which is contributing to the wall falling, but also snow pushed againt wall, and soiled pushed under road from taffic?

just need advice.. home owners said ,,no pay,, and town said no pay... and one of them IS PAYING.. we are not//

thanks


Asked on 5/14/05, 8:17 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: property damage, passing the buck

Often homeowners insurance policies exclude out structures like retaining walls. The issue then is does the township have liability for defectivly constructed wall. Depending on the cost to repair the wall it may pay to seek legal action against the township. I offer consultations.

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Answered on 5/14/05, 8:53 am


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