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Property Keyed to Saxer
XI Properties, Inc. v. Racetrac Petroleum, Inc.
Facts
RaceTrac Petroleum (Defendant) built a gas station on its land. Defendant added dirt to level a portion of its land for a parking lot. It also created a sloped embankment along the sides of the parking lot for support. In 1993, Defendant sold a portion of its land to XI Properties, Inc. (Plaintiff). The deed of conveyance inadvertently included the sloped embankment and part of the parking lot. In 1999, Plaintiff prepared to remove the sloped embankment and gave Defendant thirty days’ notice. After Defendant objected, Plaintiff filed a declaratory judgment action. The trial court granted summary judgment in favor of Plaintiff, ruling that Plaintiff had no duty to provide lateral support to land altered from its natural state. The Court of Appeals affirmed but added that Plaintiff could not negligently excavate the sloped embankment.
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