Legal Question in Real Estate Law in California

Re: Water from neighbor drains into my yard

If the drainage is more or less natural and the neighbor hasn't done something negligent to focus or re-channel the runoff in a harmful way, the neighbor would not be liable to you under California law. The uphill neighbor owes no duty to the downhill neighbor to abate natural water flow.

Re: Water from neighbor drains into my yard

Yes, he is responsible for damage to your property for water he diverts or controls and dumps on your property. You should hire a lawyer to handle this.

Re: Water from neighbor drains into my yard

if any unnatural condition of his structures, (i.e., things which did not exist before the structure, hardscape, landscaping, etc. were built), have caused and/or contributed to the run-off or dumping of water onto your property, you have a valid claim. it is a situation which you should address quickly due to the very real possibility of erosion of the compacted soil underneath your home and other structures, all of which could lead to very serious problems.

if the run-off is not due to the neighbor's structures, you still have to get the same addressed. you might possibly have some type of coverage in your homeowners policy which would help, depending on when your policy was written, and how narrow they have made your coverage and how broad they have now made your exclusions.

regardless, you should have an attorney review the situation a.s.a.p. even if you have no coverage, you should be looking into retaining professionals to divert the water through proper drains and a draining system so as to prevent any further damage, AND to address any damage which may have been done to the dirt under your foundation. DO NOT delay.