Legal Question in Real Estate Law in California
I live in San Diego county. We have a 16 acre horse property in a private development. A house owner which is not within the development, has placed four pipes and secured them with bricks and mortar to divert water from his property into mine. The water in question is coming from a washing machine which is situated in an outhouse on his property and possibly a bath tub and rain gutters plus something else which we are not sure about. This water has completely covered two of our horse paddocks and continues to flow from the ground. There has been so much of it that one of our small tractors got stuck today. Our vet considers the make up of the water dangerous to the health of the horses living in these paddocks. I have complained to the local health environment and code enforcement are coming to see the situation in a couple of days. The damage done to our property is quite extensive. What actions can we take against this person. We have had to section off a portion of both horse paddocks to keep the horses away from this horrible filthy water. Surely this has got to be illegal.
2 Answers from Attorneys
It is entirely illegal. I hope you have been taking pictures. Any decent real estate litigator should be able to get an injunction to stop the flow within a couple of days and can collect reimbursement for all costs and expenses you incurred and may incur dealing with this.
Clear trespass and nuisance, among other things. Call me if you wish to discuss, 805-659-6800.
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