Legal Question in Real Estate Law in California

We have just purchased a home in California. The neighbor has a detached garage with one of its walls direclty on the property line. The garage has a gutter and downspot. The downspot drains directly onto our rear yard property. It has helped contribute to a sever drainage problem in our yard. Can we make the neighbor move the downspout?


Asked on 6/03/11, 4:00 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Maybe. Artificial concentrated discharge of water is subejct to a successful suit for correction if two conditions exist: First, the discharge must be "unreasonable," as discussed in the landmark California Supreme Court case of Keys v. Romley (1966) 64 Cal.2d 396. Not all artificially-concentrated discharges of water are unreasonable, but this one may be, especially if there is a feasible alternative. Second, the situation must not have rpiened into a prescriptive easement for the discharge of the water. If the gutter and downspout arrangement has been in place for at least five years, openly discharging onto your (or your predecessor's) property for at least five years, the neighbor may have acquired an easement by prescription for the discharge.

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Answered on 6/03/11, 4:21 pm


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