Legal Question in Real Estate Law in California

It is unclear to me if the neighbor uses the same pipe or the same ditch as you use. If it is the same pipe to any extent then he is using your property and you can either demand that he stop using it or help pay for its repair. You may need a letter from an attorney to possibly convince him. I have handled similar matters before. You can cal me for a free ten minute or so chat and i can tell you what yo might be able to do once I have more information of the facts from you. 510-441-2684.

If you are part of a development where the two houses were built at the same time, chances are there are recorded easements regarding this arrangement. If so, the neighbor is obligated to share in the expense of maintaining the easement. They are responsible for the pipes up to the point they connect to yours, even if it is on your property, and to share equally in the repairs where the flow is joined. If there is no recorded easement, things get more complicated and you should talk to an attorney in person. I have over 20 years experience in real estate law, including litigating easement and property rights issues as a vice president and associate general counsel for the parent company of Fidelity National Title and Chicago Title. If you can't work things out with your neighbor, I would be happy to give you a no obligation initial consultation in my Walnut Creek office.