JustSomeGuy
New Member
City/County/State: Marysville, Snohimish, Washington
We have a situation that needs an answer. We have a community-owned rock wall that is disentegrating, and need to know if we should even bother with legal action against the developer to make them replace it. It is less than 7 years old and should not have ever fallen apart. It was built with soft rock, almost like sandstone. The winter/summer cycles have had their way with the rocks, and we are getting piles of sand. This is a danger to everyone, as it continually drops sand/rock on the sidewalk.
The plat which we live in was developed beginning in the summer of 2003. The rock wall is approximately 150 feet long and maintains a level grade as the road slopes downward to the west. The wall is about 4 feet tall by the time you get to the end of it at the west end. It starts out at about 3 inches tall on the east end.
The rock wall is installed against the southern edge of the plat about 18 inches north of the sidewalk, against a water retention pond, entirely contained within the confines of the corner lot. All of the lots in this plat own an equal share of said corner lot and retention pond. We all share an equal responsibility for maintenance (even though I do all the mowing, edging, and sweeping and nobody else lifts a finger).
The official plat map states the following:
"Tract xxx is hereby granted and conveyed together with all obligations to maintain the tract consistent with county code, lots 1 through x with an equal an undivided interest upon the recording of this plat subject to an emergency maintenance easement granted and conveyed to Snohomish County. Use of said tract is restricted to that specified in the approved final plat. The owners of all lots within the subdivision shall comply with those county regulations and conditions of final subdivision approval specified on the plat. This tract shall remain an appurtenance to and inseparable from each lot. This covenant shall be binding upon and inure the benefit of the owners of all lots within the subdivision and all others having interest in the tract or lots."
Does that make it our responsibility to fix the wall, even though the developer used clearly inferior rocks? Would it be possible or a good idea to go after the developer?
Just as a side note, a rock wall was replaced a few weeks ago right down the street from us due to the same issues. I plan to go investigate with the neighbors and find out who had to pay for it, but have not gotten that far yet.
Thanks!
We have a situation that needs an answer. We have a community-owned rock wall that is disentegrating, and need to know if we should even bother with legal action against the developer to make them replace it. It is less than 7 years old and should not have ever fallen apart. It was built with soft rock, almost like sandstone. The winter/summer cycles have had their way with the rocks, and we are getting piles of sand. This is a danger to everyone, as it continually drops sand/rock on the sidewalk.
The plat which we live in was developed beginning in the summer of 2003. The rock wall is approximately 150 feet long and maintains a level grade as the road slopes downward to the west. The wall is about 4 feet tall by the time you get to the end of it at the west end. It starts out at about 3 inches tall on the east end.
The rock wall is installed against the southern edge of the plat about 18 inches north of the sidewalk, against a water retention pond, entirely contained within the confines of the corner lot. All of the lots in this plat own an equal share of said corner lot and retention pond. We all share an equal responsibility for maintenance (even though I do all the mowing, edging, and sweeping and nobody else lifts a finger).
The official plat map states the following:
"Tract xxx is hereby granted and conveyed together with all obligations to maintain the tract consistent with county code, lots 1 through x with an equal an undivided interest upon the recording of this plat subject to an emergency maintenance easement granted and conveyed to Snohomish County. Use of said tract is restricted to that specified in the approved final plat. The owners of all lots within the subdivision shall comply with those county regulations and conditions of final subdivision approval specified on the plat. This tract shall remain an appurtenance to and inseparable from each lot. This covenant shall be binding upon and inure the benefit of the owners of all lots within the subdivision and all others having interest in the tract or lots."
Does that make it our responsibility to fix the wall, even though the developer used clearly inferior rocks? Would it be possible or a good idea to go after the developer?
Just as a side note, a rock wall was replaced a few weeks ago right down the street from us due to the same issues. I plan to go investigate with the neighbors and find out who had to pay for it, but have not gotten that far yet.
Thanks!