Legal Question in Real Estate Law in Washington
Liability for Property Damage from Neglect
My neighbor's lot is a corner lot east of my property and 4 feet higher in elevation. A retaining wall owned by the neighbor separates her back line from my east line. A row of juniper bushes which have grown to over 50 feet high line our joint property line. The root systems are destoying the wall in many places and will be coming down soon. I have asked her to remove the trees but she refused. What can I do to prepare for the litigation when damage does happen to buildings on my property?
1 Answer from Attorneys
Re: Liability for Property Damage from Neglect
1. Give adequate notice. Send a polite straightforward certified RRR letter telling her clearly of the problem and request that she do a certain thing (or something) to solve the problem. Keep a copy of the letter and the green card when it comes back. (It may be more neighborly to just hand it to her, but the green card is good proof.)
2. Take good pictures beforehand, probably at regular intervals of the same shots each time. Video may also be helpful to get a full picture.
3. The measure of damages is both the reasonable and necessary restoration costs and the diminution in value remaining after the restoration.
4. Will it hurt your ground, or will it hurt buildings or other improvements? If the latter, you may need to get an injunction before any damage occurs.
5. You might hire an engineer to look at it and advise you.
6. Finally, whose is the obligation of lateral support of her property? Hers or yours? If the wall is on her property, it would seem the obligation is hers. I'd have to know more to properly advise.
Gary Preble
Olympia
360-943-6960
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
