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?


Asked on 8/30/99, 7:13 pm

2 Answers from Attorneys

Thomas W. Newton Tims & Newton

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.

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Answered on 8/31/99, 4:05 pm
Joshua Genser Joshua G. Genser, Attorney at Law

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.

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Answered on 8/31/99, 4:46 pm


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