[WSBARP] Question about retaining walls and new structures

[Paul Neumiller]

Maybe this as a starting point?:

“Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. If a neighbor's excavation or excessive extraction of underground liquid deposits (crude oil or aquifers) causes subsidence, such as by causing the landowner's land to cave in, the neighbor will be subject to strict liability in a tort action.”


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Friday, July 31, 2020 12:00 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Question about retaining walls and new structures

Happy Friday!

I have a PC who has a very large concrete retaining wall that is a concern. The neighbor is building a large two-story structure 8 feet from the wall and PC is concerned the retaining wall will crumble and their property will sustain heavy damages. Neighbor says that the retaining wall is PC's responsibility and not their concern. Something tells me it's not that simple if you're removing large trees that could have stabilized soil and putting large amounts of additional pressure on the soil.

This isn't something I have ever specifically handled and I'm looking for basic thoughts, ideas, guidance before I decide whether to refer the PC out.
PC is a friend of mine.

Any thoughts or helpful tips, or even shameless self-referrals are welcome.

PC lives in Burien, WA.

--
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com|<mailto:kaitlyn at dimensionlaw.com|> www.dimensionlaw.com<https://eur05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dimensionlaw.com%2F&data=02%7C01%7C%7Cd40571905007449412af08d83584b059%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637318191294924510&sdata=N7Afh37bXSuNxgGf8BSDJxFWsYrqQpCVbDEjR2hyysg%3D&reserved=0>

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