[WSBARP] Question about retaining walls and new structures

[Kary Krismer]

Wouldn't the answer depend on why the retaining wall is there? If it's 
there because the upper neighbor leveled their property by bringing in 
dirt I would think that it would be their responsibility. If it's 
because the lower property leveled their property by removing dirt, it 
would be their responsibility. That's just based on common sense rather 
than case law.  But I might be biased because I'm a lower property owner 
where the higher property owner brought in dirt to level.

But this may be more of a question for an engineer than an attorney 
because I would question whether a foundation would put any lateral 
pressure on a wall 8 feet away, but that might depend on the height of 
the bottom of the foundation relative to the bottom of the wall.  But in 
any case, seemingly knowing the retaining wall is there the foundation 
should be designed to account for its presence.

Kary L. Krismer
206 723-2148

On 7/31/2020 12:00 PM, Kaitlyn Jackson wrote:
> 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|DIMENSIONLAWGROUPPLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
> t:_206.973.3500_| 
> f:_206.577.5090_|e:_kaitlyn at dimensionlaw.com_|www.dimensionlaw.com 
> <http://www.dimensionlaw.com/>
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