RaceTrac Petroleum (RaceTrac) (defendant) built a gas station on its land. RaceTrac 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, RaceTrac sold a portion of its land to XI Properties, Inc. (XI Properties) (plaintiff). The deed of conveyance inadvertently included the sloped embankment and part of the parking lot. In 1999, XI Properties prepared to remove the sloped embankment and gave RaceTrac 30 days’ notice. After RaceTrac objected, XI Properties filed a declaratory judgment action. The trial court granted summary judgment in favor of XI Properties, ruling that XI Properties had no duty to provide lateral support to land altered from its natural state. The Court of Appeals affirmed but added that XI Properties could not negligently excavate the sloped embankment.