Legal Question in Real Estate Law in California
Property Flooding
Is there a state law prohibiting construction of a
wall or structure restricting the "Natural Flow"
of water and causing a neighbor's property to
flood?
2 Answers from Attorneys
Re: Property Flooding
There may be some statutes dealing specifically
with that issue, but the primary statute that
comes to mind is Cal. Civil Code Sec 1714. Part
of that statute states that everyone is responsible
to use ordinary care in the management and
use of their property to insure that other's aren't
injured.
Also, the erection of the structure might constitute
a nuisance.
There are numerous cases in California law that
deal with issues of this type. I'd need more
information on the facts before I could give you
a more direct citation to the appropriate legal
authority.
The foregoing information is provided as an
accomodation only, and can not be considered
specific legal advise based on a comprehensive
review of all relevant facts and documents. Further
provision of the foregoing information can not
be construed to create an attorney-client relationship.
Re: Property Flooding
There is no statute that says your neighbor can't
interfere with the natural flow of water, but there
are many court decisions on the subject. The short
answer is that your neighbor cannot divert water
onto your property so that your property floods.
However, what you can do about it depends on way
too many factors to determine without learning all
of the facts, conducting some factual investigation,
and then researching the applicable law.