Shared Wall Repairs

[GuyR]

My question involves real estate located in the State of: California. I have a shared block wall between my property and my neigbor's property. My property is higher by about three feet. The wall is 20 yearrs old and has cracked and bowed toward my neighbor's side because of the pressure from soil and water from my side. The wall was already buckled when I bought the property 10 years ago and my neighbor 8 years ago. My neighbor wants me to pay all the costs of repairing the wall (about an 8" section). My neighbor has threatened legal action. Am I liable and will my homeowner's insurance pay for legal costs. I would guess repairs would costs less than $7,500.

[Mr. Knowitall]

I have a shared block wall between my property and my neigbor's property.

Shared as in "This is a wall the former owners jointly installed on the property line"? Shared as in "the property line runs straight down the middle of the wall"? Shared as in "It's on or near the property line, and that's all I know"? Do you actually know where the wall sits relative to the property line?

It seems possible that it was your neighbor's predecessor in title who excavated the land in order to flatten his lot, then installed the wall to support your land. See the statute below.

Am I liable....

Maybe.

....and will my homeowner's insurance pay for legal costs.

Ask them.

I would guess repairs would costs less than $7,500.

And what's your proposed resolution?

Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, under the following conditions:

1. Any owner of land or his lessee intending to make or to permit an excavation shall give reasonable notice to the owner or owners of adjoining lands and of buildings or other structures, stating the depth to which such excavation is intended to be made, and when the excavating will begin.

2. In making any excavation, ordinary care and skill shall be used, and reasonable precautions taken to sustain the adjoining land as such, without regard to any building or other structure which may be thereon, and there shall be no liability for damage done to any such building or other structure by reason of the excavation, except as otherwise provided or allowed by law.

3. If at any time it appears that the excavation is to be of a greater depth than are the walls or foundations of any adjoining building or other structure, and is to be so close as to endanger the building or other structure in any way, then the owner of the building or other structure must be allowed at least 30 days, if he so desires, in which to take measures to protect the same from any damage, or in which to extend the foundations thereof, and he must be given for the same purposes reasonable license to enter on the land on which the excavation is to be or is being made.

4. If the excavation is intended to be or is deeper than the standard depth of foundations, which depth is defined to be a depth of nine feet below the adjacent curb level, at the point where the joint property line intersects the curb and if on the land of the coterminous owner there is any building or other structure the wall or foundation of which goes to standard depth or deeper then the owner of the land on which the excavation is being made shall, if given the necessary license to enter on the adjoining land, protect the said adjoining land and any such building or other structure thereon without cost to the owner thereof, from any damage by reason of the excavation, and shall be liable to the owner of such property for any such damage, excepting only for minor settlement cracks in buildings or other structures.