Legal Question in Real Estate Law in California
Water draingage
My home is located on a triangular-shaped property. The tip of the triangle is owned by the County of San Bernardino. There are streets on either side of the property. When we have snowfall followed by rain, the water backs up in the street in front of my house and backs onto my property, creating a situation where water from my property cannot properly drain away from the house into the street. It backs the water up clear to my front door unless a drainage route is shoveled through the County property from street to street to allow the water to flow away. Since I am a female Senior living alone, this is not something that I am physically capable of doing. I've been relying on neighbors for help, but I think the County has some responsiblity to alleviate the problem. I've spoken to a representative of the County, and his response was the he's not really sure what they can do about it. I am in a situation where I cannot leave my home when this type of weather is predicted, because I have to be on alert for water back-up all the time. Additionally, if I want to sell the house, this is something that I would be required to disclose, which would most likely make my home unmarketable. What are my rights? Any suggestions?
1 Answer from Attorneys
Re: Water draingage
The general rule in California is that downhill owners must receive the natural runoff of surface waters from uphill owners, and that when the natural flow is disturbed by construction, improvements, activities etc. of either the uphill or the downhill owner, then there may be liability by an owner who has acted unreasonably to an owner who has acted reasonably or done nothing at all to create the harmful situation.
In your case, it is not clear from the partial facts given whether the ponding of runoff results from the way the streets were constructed, or is due entirely or in part to the construction, grades, embankments etc. on your property.
If, for example, your house was built in 1955 and there was no problem until the county came along and widened, graded, paved and curbed the streets without providing for an adequate storm drain or culverts, then your conduct would be reasonable and the county's would be unreasonable, and you could probably charge the county with "inverse condemnation" and unreasonable interference with the flow of surface waters.
If on the other hand when your property was developed or landscaped, you or your precursor in interest put in berms, buildings or whatever that prevented uphill water from reaching the street at a point where existing culverts or storm drains would take it away, you'd probably lose.
I have an engineering degree as well as law, and have handled both water runoff cases (up north) and general real-estate cases in your area (Joshua Tree and Victorville courthouses). If you aren't in a hurry, perhaps I could take a look at the situation and get more facts next time I'm down that way. Please feel free to contact me with particulars.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
