Legal Question in Real Estate Law in California

Water leak from city line has crossed my property over to my neighbors property,

A water leak from a city water line originated up a small hill from my house. It has seeped through two of my neighbors yards before it got into mine. It continued through my yard into a third neighbors yard doing some damage. The third neighbor is suing me and the City.

Do I have to sue my neighbors, or can I sue the City alone?

Can I get assisitance from the Public Defenders office?

I sincerly appreciate your time.

Thank you.


Asked on 10/29/03, 12:12 pm

4 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: Water leak from city line has crossed my property over to my neighbors prope

You should consult a real estate attorney to figure this out. You should notify your home owner's insurance company as soon as possible, they may pay your legal costs.

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Answered on 10/29/03, 12:23 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Water leak from city line has crossed my property over to my neighbors prope

No. The neither the public defender nor legal aid will help you. You need to hire an attorney to protect your interests. If the facts are as you describe you will probably be okay and may be able to recover you attorneys fees from the city.

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Answered on 10/29/03, 12:54 pm
Michael Olden Law Offices of Michael A. Olden

Re: Water leak from city line has crossed my property over to my neighbors prope

Public defenders are there for indigent individuals to defend them in criminal matters. This I would assume does not apply to you. I would assume you have homeowners insurance and I would candidates to your insurance carrier immediately. Additionally, I would contact the attorney hired by the insurance company immediately after you learn of that attorney's name to find out what they're going to do in the defense of this action. They will not usually sealing your behalf and I would immediately higher a real estate attorney to look into a claim against the city for damages to your residence. You do not necessarily have to sue your neighbors but I would contact them and explained to them the you're in this "awkward" position and that you will have to do what your attorney recommends. But this is not something personal. Talk with your attorney about possibly representing all three of you against the city in a claim and a problem with a conflict of interest situation. I am in northern California and the San Francisco Bay Area and if you wish I think I can help you substantially. I am at 925 -- 945 -- 6000.

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Answered on 10/29/03, 4:10 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Water leak from city line has crossed my property over to my neighbors prope

You should hire an attorney to represent you. Public defender only deals with criminal matters. Cross complaint possibly vs city and certainly others, ie., your neighbors that let problem seep to your property.

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Answered on 11/03/03, 12:22 pm


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