Legal Question in Real Estate Law in California

Re: problem with neighbor

Mr. Selik's proposed sequence of attempts to resolve this situation is precisely what I would recommend, and is also the best approach to use in most neighbor-to-neighbor disputes.

If a lawsuit becomes necessary, you might want to keep in mind a few basic principles about California water-flow law:

(1) In general, a downhill property owner must accept the naturally-flowing runoff from uphill properties.

(2) When, however, the runoff from uphill is no longer "natural" because someone uphill has caused a concentration of runoff, such as by building a house or paving over bare ground so that less water is absorbed into the soil and more pours off unabsorbed, different rules apply.

(3) Concentrating the runoff by building ditches, berms, etc. also triggers application of the different rules.

(4) The different rules require a determination of whether the uphill, water-discharging neighbor, has "acted reasonably" and also whether the response of the downhill neighbor is reasonable. The policy the courts seek to enforce is that uphill property owners should be able to develop their properties, even if it means altering and/or concentrating normal water runoff, so long as the downhill neighbor's detriment is not way out of proportion to the uphill owner's benefit, and reasonable mitigation measures are used by each.

So, you as a downhill neighbor do not have a legal right to complain about or put a stop to the uphill neighbor's increased water discharge or greater concentration of the flow, if the neighbor gets a large benefit and has used "best practice" to get rid of the water, and your detriment is not beyond your reasonable ability to cope.

On the other hand, if the uphill guy can reduce or eliminate a large harm to you with a small tweaking of his water-handling improvements, he has no right to continue to cause your undue harm. Under the facts given, I am inclined to think a court would decide in your favor.

Re: problem with neighbor

I would approach it in the following order:

1. Talk to the neighbor

2. Letter to the neighbor from you.

3. Talk to your city building/code enforcement to see if they will investigate a complaint (they may not)

4. Letter to the neighbor from a a lawyer

5. File a lawsuit