Legal Question in Civil Litigation in California

Neighbor pipes drain water onto our land

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My husband and I purchased our home on May 2001. In August/September 2002 we discovered that our uphill neighbor was piping and draining their downspout water onto our property. We requested them to stop but they said since they we doing it for years (without permission)they were not going to stop now. Due to severe soil erosion and roots exposure we asked them to divert another way. On our side we cemented the PVC pipe (after no action was taken by neighbors). Neighbors then exposed the pipes (on their side)and disconnected them at a T junction. Now the water still drains onto our land through cracks and crevices. As the winter progresses it is making it's our little stream. It is weaking their retaining wood wall onto our side. My question is what action can I take to make the neighbors divert their runoff water from our property?


Asked on 1/19/03, 2:21 am

2 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Neighbor pipes drain water onto our land

Sorry, but no longer familiar with this area of law.

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Answered on 1/20/03, 2:59 pm
Terry A. Nelson Nelson & Lawless

Re: Neighbor pipes drain water onto our land

Such diversion is actionable; you may hire an attorney to convince them settlement and correction of the problem is in their interest, or simply sue. Contact me if interested.

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Answered on 1/20/03, 3:47 pm


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