Legal Question in Real Estate Law in California
We have four "uphill" neighbors. When it rains, or they water, the water flows down the hill into a V Ditch, into a storm drain on an easement between two properties. The storm drain, built in 1958, has to be replaced. Since the neighbors have benefit of this storm drain, is there any legal standing to have them help with the payment of the storm drain? One of them has also put corrugated plastic piping to assist with the runoff from their home which runs across my property, kind of an open space area, that dumps into the V ditch. It would be worse w/out their piping, but it has just been put there on the property without asking us. Any help would be greatly appreciated.
1 Answer from Attorneys
The short answer is that anyone who benefits from the easement must contribute to the cost of upkeep. You're missing a few pieces of information that you might not know. First, whose property is the easement and storm drain located on? Yours, or someone else's? Who owns the open space area? How long has the piping been on your property that was placed there without your permission? All of these facts affect the outcome.
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