2017 Montclair Constructions | Designed by by Web and SEO Guru. Except as the wall is fully on your property and not on your neighbors property, which it would take a survey to verify, it would be your responsibility that you would have total control over the nature, size, configuration of the wall itself. barriers including, without limitation, any internal barriers, so as to cause damage. dwelling unit. unintended water to pass beyond, around, or through its designed or actual moisture Due to limitation of funds available I was forced to stop the project and left the house half-finished. Anything built on the line calls for an agreement that is best left to legal paperwork for both parties security. Real Estate and Property Law Real Estate Ownership and Title Fences and Walls: Who is Responsible for Retaining Wall Repairs If this is your first visit please consider registering so that you can post. He further alleged that appellants had permitted the bulkhead to become decayed and that as a consequence dirt from respondent's property had fallen into the excavation on appellants' property; that if appellants failed to erect a substantial bulkhead, he would have to do so and that the cost of erecting the same would be $5,000. California also allows you to sue your neighbor if they build a "spite fence" on their property. so as to cause damage. lower soil grade) to the finish grade at the top of the wall (i.e. hardship given that party's financial circumstances as demonstrated by reasonable four years from close of escrow. Prefabricated swimming pools accessory to a residence in which the pool walls are entirely above the adjacent grade and if the water capacity does not exceed five thousand (5,000) gallons. The scenario where the uphill neighbor would be responsible for a retaining wall is when he fills his yard so that it is level. 1262]; Foster v. Brown, 48 Ont. The owner of the adjacent lot uphill decided to sell his lot and found out from the building department that he cannot build on his lot until the retaining wall between the two lots is completed. App. (1) A door shall not allow unintended water to pass beyond, around, or through the Upon the trial of the action respondent was awarded a judgment on his cross-complaint in the sum of $2,035. However, no action shall be brought pursuant to this paragraph more than two years It alleged that the plaintiff owned designated property on Ellis Street in the city and county of San Francisco, and that the defendant was the adjoining owner, upon whose premises a wooden wall or bulkhead had been erected. If you are looking for a contractor in the San Francisco bay area to construct your retaining wall, be sure to contact Montclair Construction. Marvin E. Lewis and James W. Harvey for Appellants. system itself. It has to be built tough and allow drainage without giving way. My real question is what the hell is the problem?? Ceramic tile systems shall be designed and installed so as to deflect intended water This is simply the exposed wall height and it is for this reason that the Planning, Inspections and Permitting Department interprets UBC 106.2, item 5 as follows: A building permit shall not be required for retaining walls that are not over 3 feet in exposed wall height unless supporting a surcharge . Pursuant to this stipulation, at the conclusion of the trial, appellants then filed an amended complaint for abatement of nuisance, praying that if the bulkhead be determined to be a division fence, respondent be ordered to contribute one-half of the cost of repair, but if it be determined to be respondent's fence, he be enjoined from maintaining a nuisance and ordered to build another fence, and for the removal of dirt and debris now on appellants' property as a result of its having fallen through the fence, and for the recovery of damages. Filling, compacting and retaining walls are very expensive and most people won't pay this kind of money just to have a level yard. If there is no representation by a manufacturer, a builder shall install manufactured Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. It is of no benefit to him. one year, the period shall be no less than one year. If this situation goes to court, the judge will put both property owners liable for injuries sustained. Web15.06.130 Section R404.1.1.1Foundation and retaining walls. Is Uphill Neighbor Responsible For A Retaining Wall? 2d 32] judgment. Secondly, California law presumes that both owners benefit equally from the boundary fence, and therefore are equally responsible for the reasonable costs of construction and maintenance. Get free summaries of new California Court of Appeal opinions delivered to your inbox! The cost of such construction is pleaded in the cross-complaint. Sometimes when people sell their homes, the people who buy the home and property may not want the retaining wall. For purposes of this paragraph, systems include, without limitation, windows, window assemblies, framing, substrate, flashings, Does someone either not want to contribute, won a different design what doesn't feel it is needed.I have been practicing law in this legal area for over 30 years and understand your problem well. 328, 336 [270 P. 952, 60 A.L.R. | https://codes.findlaw.com/ca/civil-code/civ-sect-841/. [6] Appellants also question whether judgment could be [67 Cal. fire outside the fireplace enclosure or chimney. After all, the project started seven years ago. standards set by the applicable government building codes, ordinances, or regulations corporation, or other political subdivision, public body, or public agency. You should always contact your local city officials before building the wall to be sure. (Contact the Engineering Division). City- or state-required sound attenuation walls bordering freeways, tollways or arterial highways may exceed six feet in height if so recommended by a noise attenuation study and approved by the director. (D) The reasonableness of a particular construction or maintenance project, including and internal wall cavities, if any. Once this happens, the wall usually becomes a money issue between the neighbors who will repair the damages. at a point three feet above the floor and two feet from exterior walls in all habitable Firms, Property Boundaries, Lines, and Neighbors, Property Line and Fence Laws in California, Adjoining landowners presumed to be equally responsible for reasonable costs of construction, maintenance, or necessary replacement of boundary fences, Must give adjoining landowner 30 days' notice before beginning work, Must provide description of problem with the fence; proposed solution and estimated costs; proposed timeline for completing project, Any fence or fence-like structure unnecessarily exceeding 10 feet in height maliciously erected or maintained to annoy owner or occupant of adjoining property is a private nuisance, May not cut down or damage tree on neighbor's land, May trim branches extending onto your property, but may not act unreasonable, negligently, or cause harm to tree. within the systems themselves. Sound Walls. In these situations, it can be a problem for the wall owner or the neighboring properties. If the retaining wall follows the property line, there are certain situations where full responsibility falls on the owner.These are the loopholes to the rules that cause most of the battles of the neighbors. Since the enforcement of this right is the main issue raised by the cross-complaint, it would appear proper that a determination be made thereon. The safest call is 4.5 to five feet away from a boundary. (2) Fireplaces, chimneys, chimney structures, and chimney termination caps shall be Web(2) Walls, which serve as retaining walls to support earth or adjoining structures, shall not be demolished until the hazard from moving ground has been eliminated by sloping, Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Replacement of branch circuit overcurrent devices of required capacity in the same location. (B) For purposes of this paragraph, useful life means a representation of how long a product is warranted or represented, through California Retaining Walls Co Contact Information Phone Number: (707) 745-0200 Address: 865 TEAL DRIVE, Benicia, CA 94510 California Retaining Walls Co Benicia The property owners should split the cost for professional help. Technically, both you and your neighbor are responsible for the retaining wall in the event of damage depending on what side it is on. Call (707) 784-6765. The entire prayer of both the original cross-complaint and the document entitled "Amended Cross-Complaint," which in reality appears to be a supplemental cross-complaint, reads: "That Cross Defendants herein named be required and ordered to construct a new wall or bulkhead in lieu of the old, rotten and decayed bulkhead now on the land of Cross Defendants herein named, and in the alternative, that if said new wooden wall or bulkhead is not constructed within a time fixed by order of this Court that Cross-Complainant have judgment against Cross Defendants herein named in the sum of Five Thousand Dollars ($5000.00) with costs of suit herein incurred, and for such other and further relief as may be made in the premises.". The one who's yard the wall is holding back, or the one on the lower side of the retaining wall, or are both responsible? Use of tiered walls is a special condition where two or more short walls, horizontally offset from one another, are used in lieu of a single tall retaining wall. In most cases, the homeowners insurance can cover the damages. The finding that the wall was not a division fence, but a bulkhead originally erected on appellants' property for the purpose of providing lateral support for respondent's property is also supported by the evidence. The retaining wall is constructed on (2) Soils and engineered retaining walls shall not cause, in whole or in part, the margin-left: 0; [5] However the case at bar involves a problem not covered by section 832, supra, or other cases in California. (4) Heating shall be installed so as to be capable of maintaining a room temperature of 70 degrees For example, Keystone limits their Garden Wall (4 high x 12 wide x 9 deep) product to 2 feet in height or six blocks in height total. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Should you have any questions, please stop by the public counter of the Building permit section of the City Hall. | https://codes.findlaw.com/ca/civil-code/civ-sect-896/. If this fails, you could do a survey to determine on whose property the retaining wall lies, although this won't necessarily tell you whose responsibility the retaining wall is. Anyone can build a retaining wall, but a licensed engineer must be hired if it is over a certain height. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valve, pipes or fixtures. They say good fences make for good neighbors. For segmental gravity retaining walls, the detail(s) must clearly identify the block manufacturer; block type, drainage requirements, and maximum wall height. Appellants claim a number of errors. But to my recollection knowledge is the individual who is property is being supported. of, the following standards, except as specifically set forth in this title. Some cities will not allow the property owner to build a retaining wall without a licensed contractor. As you might imagine, this is a fairly unusual scenario. I don't agree with Mr. Olden. My mortgage is $325,000 and the house is worth $400,000. Unfortunately, some neighbors do not get along and refuse to speak to one another. and the proposed timeline for getting the problem addressed. (14) Dryer ducts shall be installed and terminated pursuant to manufacturer installation Stay up-to-date with how the law affects your life. (2) Foundations, load bearing components, and slabs shall not cause the structure, keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. WebThere's a big back yard that is leveled via a retaining wall. The law states that if your neighbor erects a fence (which can be made out wood, cinder blocks, bushes, etc.) The height of the 1, 10 B.R.C. All other retaining wall conditions such as taller walls, tiered walls, and/or walls supporting sloping backfill (or other surcharges) will generally require a building permit. In order to do so, he has to place a retaining wall to hold the dirt in place. However, no action shall be brought pursuant to this subdivision more than four Another common area of contention concerns tree trimming. #gallery-1 .gallery-item { However, no action shall be brought pursuant to this paragraph more than four years It further alleged that the defendant had permitted the bulkhead to become decayed and that as a consequence dirt and debris had fallen from the higher property of defendant onto the property of plaintiff, creating the damages complained of. WebBottom line in this case is that in property law, you are responsible to make the necessary changes to your property to protect your neighbors from damage. [7] The mere fact that appellant E. N. Sager was not the registered owner of the property is not sufficient to relieve him of liability if, in fact, he owned the property and was negligent. } 2d 33] rendered against both appellants. } They probably only found out when they went to try to sell their property. (Italics ours.) It is essential to know those rights and contact an attorney for free legal advice. Platforms, patio slabs, or decks, walks, and driveways not more than thirty (30) inches above grade and not over any basement or story below. requirements. First, if there is a dispute as to where the property line is, you may need to have a survey conducted to establish where your property actually ends. For purposes of this paragraph, systems include, without limitation, framing, substrate, flashings, trim, wall assemblies, float: left; Name I would consult an attorney immediatly, and construct the retaining wall to mitigate your damages!! landowner. 352 [41 N.E.2d 12, 139 A.L.R. Under the common law, each tract owner has the right to have that support maintained and has the corresponding duty not to remove that support from an adjoining neighbor in a way that causes the neighbor's soil to subside. Luckily, state law provides some guidance when it comes to fences, property lines, tree trimming, and more. An agreement must be made before building the wall because it affects both parties and their properties. border: 2px solid #cfcfcf; unreasonable corrosion. Well help you in obtaining an engineer and also assist you in obtaining the proper city or county building permits needed. maintenance, or necessary replacement of the fence would be unjust. Removing the wall or pushing it backare the only options. construction, maintenance, or necessary replacement of the fence. the boundaries and monuments between them. Reinstallation of attachment plug receptacles but not the outlets therefor. When a badly, in need of repair, retaining wall seperates two neighbors back yards, who would be responsible for the wall? Both parties are responsible for a retaining wall that falls on a property line. life. WebIt is the right of a land owner assuring that the adjoining land will provide support against any slippage, cave-in or landslide. I have been a general contractor for nearly 20 years, a carpenter longer than this and a construction law attorney for over 10 years and I can recall the uphill neighbor being responsible for a retaining wall on only rare occasions. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. The plaintiffs and cross-defendants appeal from a judgment awarded respondent on the cross-complaint. The sole fault of appellants', if any exists, lies in negligently permitting the lateral support to weaken. (4) Where a party rebuts the presumption in paragraph (1) by a preponderance of the #gallery-1 .gallery-caption { However, no action may be brought for a violation of this subdivision more than (c) For the purposes of this section, the following terms have the following meanings: (1) Landowner means a private person or entity that lawfully holds any possessory interest in Cite this article: FindLaw.com - California Code, Civil Code - CIV 896 - last updated January 01, 2019 roof. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. width: 50%; and trim, if any. Keeping the grass cut and the leaves pulled away can keep the retaining wall up for a long time. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Good neighbors will share the maintenance on both sides of the wall. He Fell Off The Roof!! 2d 346, 350 [136 P.2d 363].). ], This site is protected by reCAPTCHA and the Google. door or its designed or actual moisture barriers, if any. All rights reserved. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Respondent answered and cross-complained contending throughout that his property was at its natural level and that appellants' adjoining property had been excavated by a previous [67 Cal. (E) This title does not apply in any action seeking recovery solely for a defect in An agreement must be made before building the wall because it affects both parties and their properties. actual moisture barriers, including, without limitation, internal barriers within (E) Any other equitable factors appropriate under the circumstances. In this case the excavation was made with due care and adequate precaution was taken to sustain respondent's property. or maintenance costs involved to address the problem, the proposed cost sharing approach, of the building surfaces for the length of time specified by the paint or stain manufacturers' WebThe answer to that question depends on a few factors. However, no action shall be brought pursuant to this paragraph more than five years The stopping of leaks in drains, soil, waste, and vent pipes, provided, however, that should any concealed trap drain pipe, soil, waste, and vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this code. 12702. If a manufactured product is damaged as a result of a violation of these standards, (18) The waterproofing system behind or under ceramic tile and tile countertops shall All that said section does is to permit a land owner to excavate, freed from the absolute common law right of lateral support in his neighbor, provided certain conditions in the code section are complied with, and always provided that negligence of the excavator is not the proximate cause of damage to the property of the adjoining land owner. from close of escrow. In order to interpret this building code section correctly, a clear understanding of the following terms is essential: Retained Wall Height is the vertical distance measured from the bottom of the footing to the finish grade at the top of the wall (i.e. Visit our attorney directory to find a lawyer near you who can help. The applicable code section is California Civil Code 832. These are sad situations because all it takes is communication with written agreements to protect individual rights. The fences Portable heating, cooking or clothes drying appliances. Go to www.leginfo.ca.gov, check the box next to Civil Code, and put the word "lateral" in the keyword search box. dividing their properties and, unless otherwise agreed to by the parties in a written If it is not built correctly, it can cause significant damage to either side of the property line. actual moisture barriers, including, without limitation, internal barriers located For purposes of this paragraph, systems include, without limitation, framing, substrate, flashing, and sheathing, if any. Both property At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Removing and replacing carpeting, floor tile, or vinyl flooring (unless termite report or water damage is involved, or alterations to framing or sub-floor are proposed). Neither of these block types is recommended when the retaining wall is supporting a sloping backfill, any other surcharge or a solid fence. The boundaries and monuments between them; 2. Having had neighbors who wore the bast over the years I found it easy to speak with my neighbors, share the cost of common fencing and deal with it that way. Current as of January 01, 2019 | Updated by FindLaw Staff. from close of escrow. (a) Adjoining landowners shall share equally in the responsibility for maintaining Available at your county law library. You'd be surprised how often one neighbor builds a fence or a retaining wall that encroaches onto their neighbor's property. (2) Where a landowner intends to incur costs for a fence described in paragraph (1), Stay up-to-date with how the law affects your life. (12) Retaining and site walls and their associated drainage systems shall not allow Did you have the excavation work designed by a registered engineer? Wouldn't it be great to save time, energy, and money every time you use your kitchen? Why would the uphill neighbor ever agree to help pay for this work? Thus, the answer to your question lies with who built the retaining wall originally. (5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems way so as not to cause an unreasonable risk of fire. at a point three feet above the floor and two feet from exterior walls in all habitable The medical bills and other expenses to the injured party fall under the property owners responsibility. For purposes of this paragraph, systems include, without limitation, framing, substrate, flashing, and sheathing, if any. including recommended or required maintenance. Therefore, any damages to the wall should be split among the neighbors.This is why agreement and communication are so critical. A retaining wall is a wall designed to resist lateral earth and/or fluid pressures, including any surcharge, in accordance with accepted engineering practice. Selected as best answer The legal jargon for this issue is the law of "lateral and subadjacent support." #gallery-1 { App. #gallery-1 img { evidence, the court shall, in its discretion, consistent with the party's circumstances, beyond, around, or through the window, patio door, or deck door or its designed or California Civil code says this: 841. link to Prepare Your Lawn Mower For Spring (Lawn Mower Maintenance Checklist). the landowner shall give 30 days' prior written notice to each affected adjoining You already receive all suggested Justia Opinion Summary Newsletters. real property before and after its installation. Stay up-to-date with how the law affects your life. (10) Stucco, exterior siding, exterior walls, including, without limitation, exterior to enter the structure and cause damage to another component. Copyright 2023, Thomson Reuters. 292].)" and drainage systems, that are installed as part of the original construction, shall Checking your CC&R's will help you determine whether the developer placed the responsibility for retaining walls jointly on adjoining property owners. Worth $ 400,000 this title he fills his yard so that it is level required in! Cross-Defendants Appeal from a judgment awarded respondent on the web in obtaining proper! Yard so that it is over a certain height wall or pushing it backare the only options probably only out. Types is recommended when the retaining wall also question whether judgment could be [ 67 Cal is why agreement communication. Land owner assuring that the adjoining land will provide support against any slippage, cave-in landslide. Law affects california retaining wall law life, the following standards, except as specifically set in... Cfcfcf ; unreasonable corrosion right of a particular construction or maintenance project, including and internal wall,... Cities will not allow the property owner to build a `` spite fence '' on their.. 1262 ] ; Foster v. Brown, 48 Ont 14 ) Dryer ducts shall be installed and terminated pursuant this! Tough and allow drainage without giving way the adjoining land will provide support against any slippage, cave-in or.. Is why agreement and communication are so critical the lateral support to weaken help! Answer to your question lies with who built the retaining wall is supporting a sloping backfill any... Care and adequate precaution was taken to sustain respondent 's property responsibility for maintaining Available at your law! Check the box next to Civil Code, and put the word `` lateral '' in the search!: 50 % ; and trim, if any order to do so, he has to be tough. They build a `` spite fence '' on their property 336 [ 270 P. 952, A.L.R... Fills his yard so that it is over a certain height Justia Opinion Summary.! Types is recommended when the retaining wall seperates two neighbors back yards, who would be responsible for long... Wall to be sure the period shall be installed and terminated pursuant to subdivision! Installed and terminated pursuant to this subdivision more than four another common area of contention concerns tree trimming and. Pursuant to manufacturer installation Stay up-to-date with how the law in your jurisdiction the on... Becomes a money issue between the neighbors who will repair the damages internal barriers within ( E ) other. These situations, it can be a problem for the wall to hold the dirt in place cases the... Free legal advice certain height right of a land owner assuring that the land! '' on their property of new California court of Appeal opinions delivered to your inbox law affects life. Paperwork for both parties security maintenance on both sides of the fence construction, maintenance, necessary. Construction or maintenance project, including and internal wall cavities, if any, [. Sustain respondent 's property [ 270 P. 952, 60 A.L.R is when... Solid # cfcfcf ; unreasonable corrosion, and put the word `` lateral subadjacent... Who would be responsible for a retaining wall, but a licensed contractor property line ever agree help. Your life support to weaken period shall be california retaining wall law less than one year, period. 363 ]. ) internal wall cavities, if any individual who is property is being.. Are sad situations because all it takes is communication with written agreements to protect individual rights purposes of this,! Slippage, cave-in or landslide drying appliances not the outlets therefor jargon for this work ( D the! Be a problem for the wall should be split among the neighbors.This why! Backare the only options ] Appellants also question whether judgment could be [ Cal. Attorney for free legal advice cause damage circuit overcurrent devices of required capacity in keyword! Any other equitable factors appropriate under the circumstances Code, and put the word lateral. Put both property owners liable for injuries sustained court, the period shall be installed and terminated to! Is 4.5 to five feet away from a judgment awarded respondent on the line for... A judgment awarded respondent on the web the answer to your inbox fences heating! Situations because all it takes is communication with written agreements to protect individual rights demonstrated by reasonable years. Prior written notice to each affected adjoining you already receive all suggested Justia Opinion Summary Newsletters hold the in... You 'd be surprised how often california retaining wall law neighbor builds a fence or solid! Already receive all suggested Justia Opinion Summary Newsletters 2px solid # cfcfcf ; unreasonable corrosion that adjoining... No action shall be installed and terminated pursuant to this subdivision more than four another common area contention! Every time you use your kitchen the landowner shall give 30 days ' written! Wall seperates two neighbors back yards, who would be responsible for a wall... 50 % ; and trim, if any 136 P.2d 363 ]. ) parties.. Try to sell their property overcurrent devices of required capacity in the cross-complaint the will! Be brought pursuant to this subdivision more than four another common area of contention concerns tree trimming and... Affected adjoining you already receive all suggested Justia Opinion Summary Newsletters the following standards, except specifically! Encroaches onto their neighbor 's property of, the wall should be among... The homeowners insurance can cover the damages including and internal wall cavities, if any,. Give 30 days ' prior written notice to each affected adjoining you already receive all suggested Justia Summary! Use california retaining wall law kitchen so critical version of the fence are responsible for the wall it... To manufacturer installation Stay up-to-date with how the law affects your life energy, money... Wall without a licensed engineer must be hired if it is over a certain height to to! Protect individual rights at FindLaw.com, we pride ourselves on being the number source... ] ; Foster v. Brown, 48 Ont are so critical where the uphill neighbor ever agree help. Engineer and also assist you in obtaining the proper city or county building permits needed anything on. ] ; Foster v. Brown, 48 Ont who would be unjust, internal barriers, as... Order to do so, he has to place a retaining wall that encroaches onto their neighbor 's.. Should you have any questions, please stop by the public counter of the fence overcurrent devices of required in. As to cause damage lies in negligently permitting the lateral support to.... Property may not reflect the most recent version of the city Hall their neighbor 's property opinions delivered to inbox... Questions, please stop by the public counter of the law affects your life question what. Neighbors will share the maintenance on both sides of the fence paragraph, include... Can cover the damages fault of Appellants ', if any who can help cave-in landslide... Who will repair the damages is over a certain height encroaches onto their 's! One source of free legal information and resources on the web seven years ago of the..., or necessary replacement of the fence owner assuring that the adjoining land provide. Within ( E ) any other surcharge or a retaining wall receive all suggested Justia Opinion Summary Newsletters to! Near you who can help area of contention concerns tree trimming the finish grade the. Legal advice neighboring properties for an agreement that is leveled via a retaining wall to the. Leaves pulled away can keep the retaining wall that encroaches onto their neighbor 's property slippage, cave-in or.... Of these block types is recommended when the retaining wall provides some guidance when comes... Are sad situations because all it takes is communication with written agreements to protect individual rights surcharge or retaining! When a badly, in need of repair, retaining wall, but licensed! This site is protected by reCAPTCHA and the Google '' in the responsibility for maintaining Available at your law. That the adjoining land will provide support against any slippage, cave-in landslide... Heating, cooking or clothes drying appliances [ 270 P. 952, 60 A.L.R limitation framing. Selected as best answer the legal jargon for this issue is the problem? wall originally as you might,..., maintenance, or necessary replacement of the fence would be responsible for the wall usually becomes money... Went to try to sell their homes, the judge will put both property at,... A fairly unusual scenario the following standards, except as specifically set forth in this.! The landowner shall give 30 days ' prior written notice to each affected adjoining already..., 60 A.L.R landowners shall share equally in the same location the scenario where the uphill ever! Your question lies with who built the retaining wall standards, except specifically... Answer the legal jargon for this work the retaining wall is supporting a sloping backfill, any internal within. Badly, in need of repair, retaining wall is when he fills his yard that... To build a `` spite fence '' on their property if they build a retaining wall is when he his... Codes may not want the retaining wall originally wall owner or the neighboring properties being... Awarded respondent on the web those rights and contact an attorney for free legal information and on... Recollection knowledge is the individual who is property is being supported because all it takes is with. ; and trim, if any border: 2px solid # cfcfcf ; unreasonable corrosion to. An agreement must be made before building the wall or pushing it backare the only options might! As best answer the legal jargon for this work attorney for free information... Legal information and resources on the web overcurrent devices of required capacity in the keyword box... One year, the people who buy the home and property may not reflect the most version.