Neighbor's excavation causing house to lean

[oscar2]

My house on a hill has been gradually moving down the slope. My windows have an almost 1 inch gap on the down-hill side. The plaster is cracking throughout the two stories and the basement slab has a two-inch drop. Recently my neighbors cleared the ivy on the fence that seperates our two properties. This revealed the fact that when the previous owner excavated the slope to build a new garage he failed to provide any retaining wall at our common property line. This is obviously the cause for my house to be leaning. I should think that this is an obligation that should be my neighbors', not mine (I did'nt live here when the garage was built). Her response was that it is my responsibility to build the retaining wall on her side........I can't talk to her. Advise? This is a serious problem as I'm afraid my whole house could fall or collapse due to the fact that the foundation does not bear on firm soil.

[aaron]

Your rights depend upon the laws of your state, and possibly also the amount of time which has passed since the excavation occurred. It sounds like you will need very expensive repairs to your home and its foundation, in addition to your need for a retaining wall. You should check with your homeowner's insurance to see if you have any coverage, and also consult a local lawyer to see what remedies are available to you. I doubt that the neighbor is going to voluntarily write you a check sufficient to cover the damages, particularly given that she doesn't even want to pay for a retaining wall.

[oscar2]

Yes, those are my thoughts. I did'nt want to get into a lawsuit with my neighbor. I was thinking that the cause of the damage to my house is so obvious that the would be some case law in California that would relate. I'm sure she's not going to play ball and then we'll be enemys from now on. Ah, life.....