Legal Question in Real Estate Law in California

Broken irrigation pipeline -- who pays?
I own a walnut orchard and share the irrigation pipeline with my neighbors. The pipe is broken and in need of repair on a neighbor's property (the estimate to fix it is $2,500.00). The neighbor is refusing to pay to have the pipe fixed as he does not use the water. The local irrigation district says that normally the cost of repairs is allocated according to the size of each person's property, for example, someone owning 25% of the land that the pipeline supplies would pay 25% of the cost of the repair. For now I am going to have to pay all of it just to get the water flowing or my walnuts are going to die. I want to sue this guy in Small Claims for his portion of the cost, but I do know what law I would cite to the judge to win my case. I don't even know if the law requires this guy to pay. Does he have to pay for a portion of the repair? What law do I present to the Small Claims judge?

Asked on 8/17/04, 10:34 pm

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

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Re: Broken irrigation pipeline -- who pays?

Regardless there is equity. I have trouble with the fairness aspect of your neighbor paying for your irrigation. He doesn't use the pipe.

Answered on 8/18/04, 11:43 am

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