Legal Question in Real Estate Law in California

Re: leaning retaining wall

There is a California code that requires neighbors to share in fence maintenance. At the same time, you can't maintain a hazard on your property and if the wall/fence falls and hurts someone, you could be held liable. I have not personally seen an action to enforce the fence maintenance code section, but it seems like you could require your neighbor to share the cost. I think what you're reacting to is that your neighbor wants to dictate the specifications for the project, tell you what to do with your property, and then tell you to pay for it all out of your pocket also. It also sounds like you're a reasonable neighbor and want to do the right thing. If you can't work it out between the two of you, perhaps a lawyer's letter with a legal analysis and providing options would help break the impasse. You are welcome to call my office if this doesn't resolve on its own or I know of an excellent lawyer in your area.

Re: leaning retaining wall

You should first have the situation reviewed by your own expert, and not rely solely on reports from the neighbor, relaying what his contractors have said. As you point out, there could be omitted information, or the neighbor may be asking the wrong questions or the wrong people, or both.

At first, I'd talk to a structural and foundation engineer rather than a contractor. Once you have an unbiased opinion from a professional, you can get estimates from contractors as to what it would cost to carry out the engineer's recommendation. You might need engineer-drawn or engineer-approved plans anyway, to get a building permit.

If there is any doubt about the location of the boundary, you might want to consider a survey as well.

Now, as to the applicable law and who is responsible. The basic law is that the downslope neighbor owes the uphill neighbor the duty of lateral support. The duty is breached when any downhill excavation work or other alteration of the natural tendency of land to provide support occurs, and a cause of action for damages accrues when damage to the uphill property results. It's possible the downhill owner (or a precursor in interest) has breached the duty of support, and the condition of the retaining wall is therefore the neighbor's responsibility. It's impossible to tell without looking at the lie of the land and inquiring into the history of excavation and development on the two parcels. My hunch is that it'll end up being your cost responsibility, but possibly not, and you might ask your structural or foundations engineer for an opinion. You really need a lawyer and engineer opining jointly, but maybe start with the engineer.