[WSBARP] Action on One Property that Affects Another Property

[Andrew Hay]

There are cases on the duty of lateral and subjacent support of neighboring properties.

As I recall you can’t modify your property to undermine your neighbor’s property, however it only applies as far as its natural condition, not when the neighbor increases the need for support.

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>
he/him/his
253 272 2400 (ofc)
253 377 385 (cell)





From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Thursday, January 26, 2023 5:51 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Action on One Property that Affects Another Property

Colleagues:

Is there a doctrine in Washington State similar to the common enemy doctrine that governs whether a property owner may make changes to his or her property to the detriment of another?  Similar question – is there a doctrine that says a homeowner must maintain certain structures on his or her property to avoid destabilizing a neighboring parcel?  I was recently asked to prepare two easements in two separate cases.  In the first, the owner of a parcel adjacent to my client’s property constructed a road that runs along the neighbor’s property adjacent to my client’s carport.  Over time, use of the road has caused a retaining wall that also serves as the foundation to my client’s carport to crack.  Repairs are needed.  The neighbor is willing to grant an easement.  My client wants to know what obligation she has to continue repairing the wall to benefit her neighbor.  Can she just take the wall down, even though it would cause the soils to collapse and damage the road?  My sense is “no,” but I can’t find the legal authority.  In the other case, my client’s foundation is failing due to the failure of a nearby retaining wall located on a neighbor’s property (wall is failing, destabilizing soils that support the foundation).  What obligation does the neighbor have, if any, to maintain the wall to avoid damage to my client’s home?

Can one of you real property gurus please point me in the right direction?

Thank you,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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