[WSBARP] Condemnation Referral

Fri Jul 31 14:27:42 PDT 2020

PC had two off-site septic system easements across neighbor’s property.  Neighbor’s property sold/condemned to Island County for new road.  Recorded easement now comes to light and the County’s response is “oops, we didn’t know that.”  Waaay outta my wheelhouse for condemnation and valuation.  Anyone willing to talk to these folks.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Chris B
Sent: Friday, July 31, 2020 12:46 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Question about retaining walls and new structures

I am not an expert in the engineering aspect of this, but based on some info I learned when remodeling my house, there is a concept of “surcharge” when one property owner’s construction has to take into consideration the impact of their project on adjacent properties. In my case, I was the upper lot, and I couldn’t build the addition thst I wanted because it would overwhelm the retaining wall.
Christopher T. Benis
Sent from my iPad

On Jul 31, 2020, at 12:38 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.

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Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
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