Legal Question in Real Estate Law in California

I can solve your problem. This is what I do. I need a few clarifications. You say the "county drains water into mine." This isn't clear. Is this storm drain a closed, underground pipe or open channel? Is the inlet on your property or uphill property? Who owns the uphill property? When you say the county drains water into the drain, do you mean runoff from county owned property enters the drain, or do you simply mean that drainage from privately owned lots enters the drain and you think it is the county's fault because the county is generally in charge of drainage in the area? It sounds as though the drain has been there a long time? how long? Is the problem getting worse for some reason? What problem does it cause for you?

As Mr. Collins' comments suggest without coming out and saying so, you have a rather complex problem. There may, in fact, be no easement, but there may also be an easement by prescription. You also not only have an easement issue, you may also have legal issues based on the sources of the run off and how they reach your property, channeled flows being legally different from natural flows, for example. Advising you on your options without a direct conversation, and preferably a site inspection would be very hard if not impossible. By coincidence, my son's mother lives in the 94597 area code and I will be out there visiting this week. If you would like me to come by to look at your situation and discuss it with you, I would be happy to do so. I will be out there this evening and tomorrow morning for sure. Most likely all day tomorrow and into Friday. Contact me via my profile on LawGuru if you'd like to try to find a mutually convenient time.