Legal Question in Real Estate Law in California

There is a retaining wall between our property and our neighbors property. The wall is about 6' tall and 60' long and collapsed falling into one of the rental units on our property. I am wondering what my next steps are and who in this case would be responsible for the maintenance of the wall. We had a survey company come out to investigate and they said it would be $8-$10k to have the survey done. I am looking for advise on my next steps. Thank you!

Asked on 3/13/23, 12:41 pm

2 Answers from Attorneys

Gerald Dorfman Dorfman Law Office

The simple, first thing to do is make a claim with your insurance. That's why you have insurance. If you do not have insurance, there is no cheap and easy fix. Start with a consultation with a local real estate litigator. If you have any historical information regarding the properties or the wall, be prepared to provide those to the lawyer.

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Answered on 3/13/23, 4:02 pm
Timothy McCormick Haapala, Thompson & Abern, LLP

While I agree with the previous answer, I have to say it is somewhat unlikely that you have insurance coverage because most policies exclude earth movement. Definitely tender to your carrier but it might not go anywhere. Definitely consult a knowledgeable local real estate attorney.

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Answered on 3/14/23, 9:57 am

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