Legal Question in Real Estate Law in Washington
property owners obligations
I have purchased a home on a slope. the neighbors home next to me is over 3 feet below grade compared to mine. She is trying to say that it is my responsibility to build a retaining wall and drainage to stop and divert the natural run off of rain water. these homes have been at this location since the late 70's and she has had a problem with flooding during heavy rains since she bought her home.
Is her problem, my problem?
1 Answer from Attorneys
Re: property owners obligations
There is a whole body of law devoted to water intruding onto neighbor's property. Here, the inquiry also has to address the city ( or possibly the county) codes and building rules.
If the run off has not been addressed by an engineer in 30 years, it is hard to say that there is some new problem that has just cropped up that you are responsible for (although your predecessors in interest were not).
This falls under the category of "don't take legal advice from people who have adverse legal interests".
In Seattle, Chris Benis is tops at real property issues. You can find him and other real property attorneys at avvo.com. (a v v o) Hope this helps. Elizabeth Powell
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