Legal Question in Construction Law in California

Re: Retaining Wall Liability

I would add to the advice you've already received that each separate incidence of land slippage or subsidence may start the statute of limitations running all over again. There was a California Supreme Court case back in 1960 called Bellman v. County of Contra Costa that said the injured land owner got a fresh one-year clock every time his land suffered new slippage.

Is your home-building project covered by permits? Did you have the excavation work designed by a registered engineer? There is also a notice requirement for neighbors. See Civil Code section 832 regarding the right of a landowner to lateral and subjacent support from neighboring parcels. Available at your county law library.

Re: Retaining Wall Liability

This is what we call a Tort and the Statute of Limitations on Torts is usually one year in the State of California. The Statute does not normally begin to toll until the person finds out that they have been harmed or should have reasonably known that they are being harmed. They probably only found out when they went to try to sell their property. Bottom line in this case is that in property law, you are responsible to make the necessary changes to your property to protect your neighbors from damage. If your construction or lack thereof has caused your neighbor damages due to the lack of a retaining wall than you would be held liable. I would consult an attorney immediatly, and construct the retaining wall to mitigate your damages!!