Legal Question in Real Estate Law in California

Re: water coming into our yard from nieghbors house up above

In California, downhill neighbors must accept the natural runoff from uphill, but if the runoff of surface waters is artificially concentrated by paving, grading, drainage systems or whatever, the issue will become one of reasonableness. Uphill neighbors cannot be prevented from improving their property merely because the result is some change in runoff, but on the other hand, funneling all the drainage off the uphill property into a pipe that then dumps into the downhill neighbor's pool or garden could be enjoined. The California Supreme Court established a right to sue for unreasonable discharge of surface waters in Keys v. Romley (1966) 64 Cal.2d 396; the cause of action is a kind of hybrid between a tort and a private nuisance case.

I'm not sure whether a situation where the runoff in question is not really artifically concentrated runoff of natural surface waters would fall under the Keys v. Romley doctrine; it might, but on the other hand it would also probably be an ordinary private nuisance.

I always recommend informal attempts at resolution of disputes between relatives or neighbors before filing suit, but it looks like you've tried. Your next step might be to have a lawyer write a letter warning the neighbor that a suit will be filed if the excess watering and runoff doesn't stop. Give a short time limit. Also, you might have the lawyer mention water-conservation measures being taken in your area, if any.

Re: water coming into our yard from nieghbors house up above

I'd recommend starting by reporting the neighbor to your water company. There is a rationing requirement in CA and if this person is in violation, they will be fined.

Your next step, if the water is causing any damage to your property, is to file a lawsuit seeking compensation for the damages.

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