Legal Question in Real Estate Law in California

Re: water drainage

I have just brought an action on behalf of a client for such a problem.

Here's the applicable law in a nutshell. In California, a downhill neighbor must accept natural runoff from an uphill neighbor. If, however, the uphill neighbor modifies the natural runoff pattern by paving, grading, channeling, building structures, installing culvert pipes, or the like, so that there is a non-natural concentrated discharge onto the land of the downhill neighbor, it becomes a question of reasonableness.

A concentrated discharge warrants a remedy such as money damages or an injunction against continuing the discharge if the conduct of the uphill neighbor is unreasonable and the downhill neighbor's conduct is reasonable in the circumstances. Whether creating a concentrated discharge is reasonable is a question of fact; it is likely to be reasonable when it occurs as a necessary consequence of useful development of the uphill land in accordance with zoning and code; it is unreasonable if runoff is channeled onto the downhill owner's land when alternatives exist, such as using a storm drain or natural waterway.

A downhill neighbor can behave unreasonably by contributing to the harm done by the runoff by, for example, removing a pre-existing natural swale or berm and thus aggravating an otherwise not-so-serious situation.

There are four permutations of uphill and downhill neighbor reasonable and unreasonable. I think the only one where the uphill guy wins is when he is reasonable and the downhill owner is unreasonable about the discharge.

Contact me with specifics if you'd like me to take a look at your possible case.

Re: water drainage

Mr. Whipple has given another one of his excellent, thorough answers. You should also look to see if any of the water going onto your neighbors lot is from the street, as the public entity owning the street cojuld then also be sued under inverse condemnation; you merely have to show that the street contributed to the water flow onto your property and the standards to win seem easier than what Mr. Whipple outlines you must show against the neighbor. You would be wise to contact Mr. Whipple as he is very knowledgeable [I have never meet him but have read his numerous excellent answers].

Re: water drainage

There is nothing I can add to Mr. Whipple's and Mr. Shers' thorough answers.