[WSBARP] Question about retaining walls and new structures

[Andrew Hay]

HI Kaitlyn
I dealt with interference with lateral and subjacent support in the past – you may have already seen this but here is a statement of the law on that question.

[cid:image001.png at 01D66739.DA7ADC50]
Whether that means that an owner has to avoid overwhelming a neighbor’s retaining wall when improving a property is a slightly different question – a nuisance perhaps.

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net/>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
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253.377.3085 (c)
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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 12:41 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Question about retaining walls and new structures

Those are good starting points! Thanks!
Sent from my iPhone


On Jul 31, 2020, at 12:37 PM, Kary Krismer <Krismer at comcast.net<mailto:Krismer at comcast.net>> wrote:


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| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
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