Retaining wall-who is responsible?

[Edward OConor]

I just inspected a property with a retaining wall, never had one before.

At the rear property line there is a 90 degree drop off of about 15 - 20 feet. From my position (on top of the wall), I was not able to see the wall. I tried holding the camera out, but my arms aren't long enough. I have no idea what the wall is made out of or it's condition. The only way to see it would be to trespass (not gonna happen).

I asked the owner if he knew who was responsible for the inspection and maintenance of the wall. He stated that he did not know and based on the way he answered he gave me the impression that I was the first person to ask the question.

I am concerned. The average lot size is 40 x 100. If the wall gives way not only could the subject house slide into the next yard/house but the adjacent properties could also be effected.

There are only a handful of properties like this but no verifiable sales.:new_all_coholic:

????'s

Who is usually responsible?

Should the owner be carrying any additional liability (maybe a rider) insurance? Should I volunteer the information about the insurance in my report? I think it should be an underwriting problem.

What kind of adjustment? What comments should I make to cover my A**.

 

[Vegan702]

The house I just sold had a retaining wall of 3ft. and was my neighbors responsibility as it was required to be built before he could build his house to keep my property from sliding into his yard as you describe.

 

[Lee Lansford]

Question: On whose property is the retaining wall located?

The answer to that question might be the start of answering your question.

 

[Ariba]

I am concerned. The average lot size is 40 x 100. If the wall gives way not only could the subject house slide into the next yard/house but the adjacent properties could also be effected.

Edward,

If you are so concerned, get permission from the homeowner to talk to the neighbor and ring the door bell. Otherwise call for an inspection by a qualified engineer.

 

[Joyce Potts]

I just inspected a property with a retaining wall, never had one before.

At the rear property line there is a 90 degree drop off of about 15 - 20 feet. From my position (on top of the wall), I was not able to see the wall. I tried holding the camera out, but my arms aren't long enough. I have no idea what the wall is made out of or it's condition. The only way to see it would be to trespass (not gonna happen).

I asked the owner if he knew who was responsible for the inspection and maintenance of the wall. He stated that he did not know and based on the way he answered he gave me the impression that I was the first person to ask the question.

I am concerned. The average lot size is 40 x 100. If the wall gives way not only could the subject house slide into the next yard/house but the adjacent properties could also be effected.

There are only a handful of properties like this but no verifiable sales.:new_all_coholic:

????'s

Who is usually responsible?

Should the owner be carrying any additional liability (maybe a rider) insurance? Should I volunteer the information about the insurance in my report? I think it should be an underwriting problem.

What kind of adjustment? What comments should I make to cover my A**.

It's called a survey. Look and see if it's on his property and/or there is an easement. Then there's the possibility of a recorded easement that may not show on the survey.

Caveat yourself and explain the situation and declare it out of the scope of the assignment. Can really add or detract significantly from the overall value? What next, curbs?

 

[Elliott]

Usually the guy who wants to cut into the bank...but
there are probably exceptions. See....

http://www.lawlink.nsw.gov.au/lrc.nsf/pages/DP27CHP2

 

[xm39hnu]

That link goes to New South Wales in Australia, Elliot. The law may be similar here, though.

 

[Mike Boyd]

The down - hill lot unless it is on the up - hill lot. Whoever's property it's on is responisble for it.

 

[KenRossman]

If you can get a survey, you should be able to measure (laser or tape) to judge whether the retaining wall is on the subject or adjoining lot. If it's too close to determine accurately you might need to call for a structural engineers inspection.

With binoculars or telefoto lens you could probly get at least a partial looksee between the houses from the street at the rear. You could include a few (telefoto) pix with the report.

If it's in Nassau, The map viewer on:

http://www.nassaucountyny.gov/mynassauproperty/main.jsp

might help you figure it out.

Most important to disclose fully what you can see/determine and be sure to include a disclaimer that you are not an expert regarding retaining walls, that the condition of the wall might influence value - yadda yadda.

 

[Carnivore]

Edward,

If you are so concerned, get permission from the homeowner to talk to the neighbor and ring the door bell.

Ron,

This is a side step from the original post, but I have a question.

I think you are misinterpreting or taking to an extreme the confidentiality rule in USPAP. Then again you could just be CYA on interpretation.

I think the appraisers judgement can be used in research discovery without making every inquiry in the abstract. I see nothing wrong with telling someone who you are, what your doing. I belive this can be done with out telling outside parties the purpose of the appraisal.

Can you elaborate?