[WSBARP] easement for retaining wall

[David Moe]

In addition to the temporary easement for access to during construction, I think your client will need a permanent covenant for subjacent support, binding present and future owners of the upslope property to maintain, repair, and replace the wall and stabilizing system.  You may find what you need searching under “subjacent support.”

David Moe, Attorney
David L. Moe & Associates, P.S.
Telephone:  425-432-1277
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Address:
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Email:  davidmoe at maplevalleylaw.com<mailto:davidmoe at maplevalleylaw.com>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Thursday, September 01, 2016 1:43 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] easement for retaining wall


WSDOT real estate services has a lot of documents online that serve as a good resource, although you will have to revise to take out clauses that are clearly inapplicable.  Here is their temporary construction easement form, which includes an eminent domain clause.
On September 1, 2016 at 11:51 AM Tim Knowling <tim at knowlinglaw.com<mailto:tim at knowlinglaw.com>> wrote:

Listmates,

Neighbor cut  vertical slope at the property line between client’s and neighbor’s  residential properties.  It was cut when he installed a block retaining wall to the west and extending down the north side on the property line (11 feet at the high point).  The cut has left the client’s land unstable.  Neighbor has agreed – after we obtained a recommendation from a soils engineer – to install a shotcrete soil-nail retaining wall system to stabilize the area.   Can someone share an easement and/or agreement to allow the neighbor to have the work performed?  The soil nails will extend some 15+ feet into clients property.



Thanks for any help on this.





Tim Knowling

LAW OFFICES OF TIMOTHY J. KNOWLING

1833 N 105th  Ste 101

Seattle, WA  98133

O: 206-282-5630

F: 206-281-9032





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