Legal Question in Real Estate Law in California

Re: Request by my neighbor to build underground pipe on my property

This is a tricky issue. The Pessimist says: Your neighbor is asking you to save him the time and expense of cutting his concrete to put in a drain that for all intents and purposes is inert and should not cause a problem---until it backs up and floods the property, and yours gets the worst of it. Then who's to blame? What do have to gain by allowing your neighbor to use your property to make his life easier?

The Positive thinker says, allow your neighbor to dig along the border of his concrete and angle the ditch so that the drain pipe sits under his property. That way everybody is happy.

Depending where you're located, the amount of water flowing through the drain will have to be considered. Legally, you would be creating an easement for the benefit of the neighbor and this right may cause trouble for you in the future, or it may not. While it's best to keep the neighbor confined to his own property, neighborly relations are good too. However, being nice now, while good, may cause you trouble in the future.

I would first make sure your neighbor is properly draining his place, and that the drain is permitted by the city and Building and Safety. In fact, check with the Dept. of Building and Safety first. Good luck.