Legal Question in Real Estate Law in California

Thank you for reading.

I am a new homeowner in Los Angeles California. The property behind me sits about 15 feet higher then my property. There is (was) a cinder block retaining wall holding my rear neighbors property. These recent heavy rains accumulated in his back yard, and the entire 50+ feet of wall came crashing down into my property, along with some of his land. Im not sure if my home owners insurance will cover it (should find out tomorrow).

A business associate said in no uncertain terms that the property owner who is up higher is responsible for the fix, as their yard is at risk of washing/falling into mine (as it already has started to do). He recommended sending the owner a return receipt letter stating that fact, with a time frame for an acknowledgement, response, and cure period.

Any help would be appreciated. Thank you.


Asked on 3/02/14, 6:37 pm

2 Answers from Attorneys

How old are the houses. If less than ten years, I would start with the builder/developer.

Read more
Answered on 3/02/14, 7:16 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The rules of liability of one neighbor to the other for the consequences of water flowing downhill are discussed pretty thoroughly in a California Supreme Court case called Keys v. Romley, and published at 64 Cal. 396 in 1966. I would suggest using a Google search to locate the text of this decision and review it. There may be later cases more specific to your fact pattern, but Keys would be your starting point. I'd say you have a pretty good case against the neighbor, and if you are within the ten-year statute of limitations and the builder is still around and solvent, an even better case against the builder.

Read more
Answered on 3/03/14, 8:36 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California