Neighbor's property sliding into yours...

casa_mugrienta

Duke status
Apr 13, 2008
43,215
17,646
113
Petak Island
Let's say you lived on a hill and your neighbor's property appeared to be moving towards yours. Your neighbor's property first began showing some structural signs of this issue and went ignored, and now your property is showing signs of changes due to his structure encroaching upon yours.

What would be your options legally, as far as preserving and protecting your own home from your neighbor's neglect?
 

everysurfer

Phil Edwards status
Sep 9, 2013
6,713
1,811
113
Santa Barbara County
Do you live in La Conchita, and is your neighbor an Avocado grower? then you might get rich. Da gubment is going to say it is a civil matter, and won't get involved.

If it's back home, then tell the local cop that your neighbor sells drugs to kids, and a death squad will fix the mess.
 

Sharkbiscuit

Duke status
Aug 6, 2003
26,272
19,101
113
Jacksonville Beach
Let's say you lived on a hill and your neighbor's property appeared to be moving towards yours. Your neighbor's property first began showing some structural signs of this issue and went ignored, and now your property is showing signs of changes due to his structure encroaching upon yours.

What would be your options legally, as far as preserving and protecting your own home from your neighbor's neglect?
Live on a hill, neighbor issues; SoCal.

hmmmmmmm

Build a hut on your property; call yourself the dirty underwear OG and throw rocks at your neighbor?
 

GromsDad

Duke status
Jan 21, 2014
54,175
16,181
113
West of the Atlantic. East of the ICW.
I would suggest that you talk to the title insurance agency that did the title work when you bought the property. I would get the county engineer to have a look too.

I had an issue with property lines and an asshole neighbor a few years back and my title insurance company took care of everything.
 

92122

Michael Peterson status
Jul 29, 2015
2,598
1,024
113

ringer

Tom Curren status
Aug 2, 2002
11,341
612
113
Huntington Beach, California
Give your neighbor written notice of the condition, is the first step. Ask for homeowners insurance information, and put the insurance company on notice. The City will not get involved unless the condition affects public property (sidewalks, utilities, etc.) or renders a property unsafe or uninhabitable. The liability for damages will most often be on the uphill property owner but it's kind of a fvcked up and expensive process if comes down to suing and collecting.
 

casa_mugrienta

Duke status
Apr 13, 2008
43,215
17,646
113
Petak Island
Give your neighbor written notice of the condition, is the first step. Ask for homeowners insurance information, and put the insurance company on notice. The City will not get involved unless the condition affects public property (sidewalks, utilities, etc.) or renders a property unsafe or uninhabitable. The liability for damages will most often be on the uphill property owner but it's kind of a fvcked up and expensive process if comes down to suing and collecting.

Interesting. I have been told the opposite is true; that all responsibility is that of the downhill property as the downhill property required excavation to build.

I'm not sure how that plays out when the uphill neighbor decides to do something negligent on his property that creates an unstable - for instance, poor control of drainage by removing a drainage system.

This instance involves a retaining wall for soil and a concrete swale that seperates the two properties. The wall has started to sink and break apart and is causing a crack in the swale on the downhill property. All homes in the neighborhood are excavated lots. In this case, that downhill property was built in 1980; the uphill property was built in 1978.

I don't know when the wall was built or which party built it or any modifications that were done to the area before or after. I don't know if fill was used to construct the uphill property either, as according to everysurfr this can make a difference legally well. From what I've heard it's extremely difficult to find out construction history that far back.
 

Surfdog

Duke status
Apr 22, 2001
21,768
1,988
113
South coast OR
Were both properties built by the same contractor (tract homes), or were they customs?

If part of a tract development and same builder, maybe both could go after the original builders (if they're still around) for improper grading/drainage? If there's leaking water pipes or broken drainpipe causing it, that may be a whole different deal, but likely the upper property responsibility. But hell if I know?
 

casa_mugrienta

Duke status
Apr 13, 2008
43,215
17,646
113
Petak Island
Were both properties built by the same contractor (tract homes), or were they customs?
I was told by the county assessor's office that would be nearly impossible to find out who the contractor was because it was too long ago.

Which surprised me as I would think all those records/permits would be on file.

Doesn't there even have to be a permit for excavation?