Legal Question in Real Estate Law in California
Neighbor redirecting natural water flow!
I live in a rural desert area. Parcels are 10 acres. A wash's natural flow spreads water out as it flows across my neighbors parcel. ( A natural mini dry lake if you may. ) The water normaly would exit all along his property line from the backside to a wash that runs behind my property to the dry lake bed.
In an attempt to make his property usuable. My neighbor has built a burm down his property line which prevents water from collecting in the mini lake bed. Forcing the water to flow onto my property. This is changing my property from all usable land to less and less each time it rains...What should I do? Any advise would be greatly apperciated ..... before my property is washed Away!!!
2 Answers from Attorneys
Re: Neighbor redirecting natural water flow!
What your neighbor is doing is not proper; you could bring a suit and get an injunction against his continuiung to redirect water, and damages.
Due to the late hour, I cannot research, provide statutory references or otherwise amplify. You are welcome to write me for details; otherwise get a local lawyer who knows about natural and artificial water runoff law in California.
Re: Neighbor redirecting natural water flow!
You probably have a lawsuit for nuisance and trespass. The following cases might be instructive: Granone v. Los Angeles County (1965) 42 Cal.Rptr. 34, 231 Cal.App.2d 629; and Weck v. Los Angeles County Flood Control Dist. (1947) 80 Cal.App.2d 182, 181 P.2d 935. They state that a person may lawfully use such means as are necessary to confine water in its channel in order to protect his own property, but no one has the right to obstruct or divert the flow of water from its natural channel or water course in such manner as to damage property of another. You might be able to get an injunction and other monetary remedies.
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