Legal Question in Real Estate Law in California
Our home is situated on an incline. Our neighbor, whose home is higher than ours, does not have any leaders or gutters on the back of his home. Consequently, with this heavy rain, the water pours down onto our property and actually pours right through our block concrete retaining wall. Our drains cannot accomodate the huge overflow of water and it backs up into our pool and, more importantly, seeps under the foundation of our house. We will talk with our neighbor about this situation and even offer to help, but do we have any legal rights?
Thank you.
John
2 Answers from Attorneys
Yes, because the neighbor has changed the natural flow of the water so that it goes onto your property. If his house was not there, some of the water would just seep into the ground and not come onto your lot. Without gutters, he is also causing an erosion problem for himself by letting the water hit the ground with full force. point out to him what the problem is because of his house, you are willing to help but the major buiden is on him.
Everyone has a responsibility when using property not to harm an adjacent property. Whether you can force them to pay for repairs entirely? - the issue must be researched. The question is how easy or expensive is it for them to make the necessary repairs, and are they willing to do so.
Best,
Daniel Bakondi, Esq. [email protected] 415-450-0424
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