Legal Question in Real Estate Law in California

Further investigation from a Department determined my neighbor was in violation of a County code Title 14.50. His blockage of a seasonal drainage waterway resulted in ponding to my property. As the water cannot flow and ponds up on my property from his blockage my fence has rotted at an alarming rate.submerged my pool pump which had to be replaced as it burnt up, and my pool is left with mud in it and is now stained and needs to be re-surfaced in order to fix it. My question is...Is my neighbor responsible for these repairs that are needed? thank you for your help in this matter.


Asked on 3/23/13, 8:45 pm

2 Answers from Attorneys

Robert Kubler The Kubler Law Firm

Yes.

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Answered on 3/23/13, 9:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, maybe to probably yes. The law applicable to an uphill neighbor artificially altering the natural flow of water onto a downhill property was discussed in detail, and reformulated to a degree, in a California Supreme Court decision in a case called Keys v. Romley, and published with the citation Keys v. Romley (1966) 64 Cal.2d 396. I'm sure that if you put "Keys v. Romley" into a Google or Bing! search, you'll find it. The rules set forth are generally pretty easy for a non-lawyer to read, understand and apply to other situations. In broad general terms, the uphill landowner is liable to the downhill landowner for harm resulting from unreasonable modifications to the natural flow of surface water, but not always, if the uphill neighbor has acted prudently and reasonably to develop and improve his land and the downhill neighbor's response has been unreasonable, the result could be different. In any case, there is no one-size fits all answer to your question; other facts and circumstances would have to be weighed.

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Answered on 3/24/13, 8:34 am


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