Retaining wall responsibility usually rests with downhill owners, who were responsible for leveling the dirt on their properties and creating the retaining wall. Check out the Best info about Neighbor’s Retaining Wall.
Location and history will also play a part in who is liable, so seeking legal advice before construction could help clarify matters.
Legal Issues
If a retaining wall connects two properties, repair can often be unclear who should cover repair costs. The answer usually depends on many factors: who built or designed the original structure, who owns each property, whether there is an HOA with shared responsibility rules and site regulations, whether construction occurred outside a property boundary, and who gained from its existence.
One of the primary reasons for needing to repair or replace a retaining wall is due to erosion, when water washes away soil behind it and weakens it, potentially leading to its collapse. Another common factor for needing repairs or replacements includes weathering over time or incorrect structure construction.
A failing retaining wall typically falls to its downhill neighbor because they likely graded their land and created the need for one in the first place. An uphill owner could only be held liable if their downhill neighbor backfilled his yard to create another need for a wall or they engaged in conduct that caused its failure. In either instance, they are equally accountable.
Retaining walls are typically constructed within or just outside a property line; it’s rare for one to cross an actual boundary line. In such instances, both owners are responsible for its upkeep.
When constructing a retaining wall on the boundary line, those who benefitted must provide lateral support to other land. This means if it helps hold back soil on your property and becomes damaged, you should contact your uphill neighbor about potentially paying for repairs or replacement of their retaining wall.
In most cases, homeowners are held jointly responsible for a building violating zoning requirements or a retaining wall violating local ordinances. Zoning laws typically mandate that those building the retaining wall secure permits before construction and ensure it’s safe during its lifespan and ongoing upkeep.
Permits
At property lines spanning multiple parcels, both owners are responsible for caring for retaining walls alongside their properties. Unfortunately, this can sometimes become unclear, and disagreements can arise; to avoid potential issues, it is wise to communicate with neighbors on how things will be managed and establish agreements on how things should be dealt with.
Building a new retaining wall may require permits in certain areas and should meet local building codes and standards; additionally, an improperly designed or constructed retaining wall could endanger the property it protects. Understanding your legal rights is essential; otherwise, a non-compliant wall could become dangerous to you and others using its protection.
Assuming you agree, the neighbor who lives uphill is responsible for covering the costs of building a retaining wall across their property line. They should obtain your consent before reaching a price agreement, if possible. In certain areas, such as Portland or Seattle, walls must also meet specific design guidelines that prevent erosion and soil movement.
Sometimes, the uphill neighbor isn’t responsible for their retaining wall – their downhill neighbor could have leveled and backfilled the property, creating the need for one. While such incidents are uncommon, if they happen, you could have grounds for legal action; you can check with Diagnose to see if definitive permits were issued and historical records reviewed for this purpose.
Poor drainage around retaining walls is another potential problem that must be resolved, or else land subsidence and damages to property and belongings of neighbors will occur. Proper drainage solutions exist that will keep pooled water from pooling up in one area and eroding property values.
There is a common law right of lateral support for land. An uphill neighbor has the right to have their land supported by that of their downhill neighbor; this obligation can be resolved either with formal agreements or through court cases.
Damage
Rarely will an uphill neighbor construct the necessary retaining walls to level and backfill a property; however, most homeowners typically create such barriers when excavating or grading sloped yards for landscaping, construction, or drainage purposes.
When building near or at an existing boundary line, excavators must ensure that any soil removed from uphill land does not deprive downhill landowners of essential support or lateral stability – because every property owner has the legal right to have their land supported naturally by adjacent soil.
When installed and used correctly, an uphill landowner may not be liable for damage to land below them. But when an improper installation or maintenance occurs, they can become responsible for any damages to their neighboring properties caused by negligence or carelessness.
Erosion washing away soil behind it or simply wear-and-tear are among the many factors that could cause its collapse. Still, in court cases, the focus will always be whether an uphill landowner had any legal obligation to maintain or at least take reasonable measures toward maintaining their wall.
There are various avenues through which a legal dispute can become contentious and costly. Litigation is among the more severe methods and can become expensive and time-consuming; alternatively, mediation or settlement negotiations may help resolve matters amicably.
Finding those responsible for a failed retaining wall requires understanding who changed the land’s natural slope and created the need for one. Unfortunately, this can sometimes be difficult due to research into historical records like zoning laws, excavation permits, and backfill permits completed by professional landscapers or civil engineers with access to relevant documents and local knowledge of zoning laws.
Repairs
Retaining walls may fail for various reasons. Erosion may erode the soil that supports it, eventually leading to its collapse. Accidents such as car crashes or construction errors may damage it, or wear-and-tear can doom it over time.
In most instances, those who benefit from retaining walls will share responsibility for their repair and maintenance, especially when built along a boundary line between properties. It may be more challenging to determine who is at fault when no deed exists regarding land ownership and boundaries; in such an instance, a professional should assess the wall’s condition and research any historical records to ascertain who originally graded or constructed it.
Where retaining walls have been constructed according to an agreement between adjoining property owners, it can be assumed that both are equally responsible for its repair and maintenance. However, one party could become solely liable if damage or loss occurs on another site due to problems with the retaining wall built nearby.
Retaining walls are designed for many different reasons – landscaping, property protection, keeping plants and animals on the land, or stopping erosion on steep slopes are just a few examples – however, the decision should only be made after consulting an expert and taking careful account of potential costs involved in construction.
When your retaining wall requires repair, various solutions are available to address it. A drainage system could help prevent soil washing away and erosion that leads to its collapse; alternatively, a geogrid or textile could be placed into slopes to stabilize them and stop erosion; planting greenery or clearing away weeds above can also help.
Read also: Top 10 Family Lawyers In Seattle
