So, if retaining walls aren’t covered by homeowners insurance because of soil and ground difficulties, are they covered by retaining walls insurance? Because retaining walls are often considered a separate structure, damage to them may be covered by your homeowners insurance policy under certain circumstances. Coverage may be available when damage is caused by a “covered loss” or an insured event such as lightning, wind, fire, or a car striking the wall. Although retaining wall coverage is provided through homeowners insurance, it is often limited.
Who is responsible if a retaining wall collapses?
Adam Gallegos of Arlington-based real estate business Arbour Realty writes this sponsored Q&A post on a regular basis. Please post any more questions in the comments area or send them to me via email.
Question: Could you tell me who is to blame for a falling retaining wall between two houses?
Arianna Gleckel has been asked to respond to this question. I have tremendous esteem for her as a local Arlington attorney.
Finding and identifying the property border could be the answer to your question. The owner of the property where the retaining wall is located is responsible for its upkeep. Even though the retaining wall is for the advantage of your property, you are not liable for its upkeep, maintenance, or repair if it is not on your land. Based on your description of the current condition, I would consider hiring a licensed surveyor to stake the property line along the retaining wall and maybe hiring an engineer to analyze the structural integrity of the wall and any remediation that may be required. Check your deed description and plot to see if the retaining wall is properly identified as being on your property. If you already have a fence, it’s likely that your fence abuts the property line and that the retaining wall is not on your land.
If the retaining wall crosses the property boundary, however, the solution may not be as straightforward. In Virginia, when a property owner constructs a retaining wall to provide lateral support for the soil of a nearby property, the adjoining property owner is normally not liable for the retaining wall’s upkeep. As a result, the answer is contingent on which property receives support from the wall.
Does homeowners insurance cover wall damage?
If your home is destroyed by a covered risk, dwelling coverage can assist pay for the repairs. As a result, if a pipe bursts and damages a wall, housing coverage may be able to help pay for the repairs.
How do you fix a failing retaining wall?
When a customer works with a landscaper, it’s critical to communicate, and if this doesn’t happen for whatever reason, a retaining wall intended for a different weight load than what’s actually present can result. If the homeowner intended to use the area to park their car or build a shed but did not inform the landscape designer, the retaining wall may wind up tipping over and tumbling due to the extra load it was not designed to support.
By transferring some of the shear force to the base where the wall contacts the earth, the wall can be strengthened. This can be accomplished by either expanding the foundation’s footing or thickening the base with concrete. Another method for adding extra strength is to use anchors or tiebacks.
Why are retaining walls not covered by insurance?
Homeowners insurance will not cover damage to your retaining wall caused by freezing and thawing water, or the weight of water, ice, or saturated soil. Other exclusions include failure to maintain the retaining wall, animal damage, and damage caused by the foundation sinking.
Does homeowners insurance cover seawall damage?
For individuals who live by the seaside, seawalls are a must-have piece of infrastructure. Hundreds of miles of seawalls serve as retaining walls and may protect properties from erosion in Florida alone. Most homeowners insurance policies treat retaining walls and privately owned seawalls as detached structures, and may give coverage for damage caused by fire, lightning, windstorms, hail, and cars, depending on the cause of loss.
Homeowners insurance may or may not cover damage caused by freezing or thawing. Typical exclusions include flooding, lack of maintenance, animal damage, and damage caused by foundation settling.
Who pays for the retaining wall?
Retaining wall building codes varied by state and, in some cases, by municipal council.
Retaining walls and property boundaries in the ACT must meet a variety of criteria, including height and structural stability. It is suggested that you speak with a certified engineer.
In New South Wales, unless one of the neighbors caused damage, the expense of a retaining wall on a boundary is usually shared. If you are unable to reach an agreement, mediation options are available, or you can seek assistance from the NSW Civil Administrative Tribunal.
Retaining walls of one metre or more in height, as well as those within 1.5 meters of a property boundary, require a building permission in Queensland.
In South Australia, any intended work within 600mm of the boundary must be communicated to your neighbor. If they have issues, they can hire an expert to determine whether the plans should be tightened.
In Tasmania, as in Queensland, any retaining wall within 1.5m of a neighboring property requires a building permit.
Any retaining walls near property boundaries or that are one metre (or more) in height in Victoria require a construction permit.
Things are a little more complicated in Western Australia, so you should seek legal advice if at all possible. It’s critical to speak with your neighbor before beginning any work, and you’re often accountable for payment if you change the form of the ground.
What is not covered by homeowners insurance?
What Your Standard Homeowner’s Insurance Doesn’t Cover In most cases, standard homes insurance policies exclude coverage for precious jewelry, artwork, and other collectibles, as well as identity theft protection and damage caused by an earthquake or flood.