Legal Question in Construction Law in California

soil erosion on my property due to neighbor's construction project

I life in a tract neighborhood with houses close together separated by fences. My neighbor is putting in a pool and retaining wall. To do so, he excavated very close to the fence that separates our property. Now it is raining and the water that has drained down the side of my house with no problems is draining into his yard. Additionally, soil on my side of the fence has broken loose and has slid into his. He wants me to do something about the problem, but my drainage has been fine for all five years since my house was built--until his construction project. I would be thorough surprised if I'm somehow responsible for this. My question is, How do I get him to fix the problem? I have some ''leverage'' because I know that he is violation of various building codes, despite having taken out permits for both projects.


Asked on 10/19/04, 7:37 pm

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: soil erosion on my property due to neighbor's construction project

You're right, it's very unlikely that you're responsible for this erosion. I'd immediately call whatever building department has jurisdiction over your area and tell them that your neighbor has neglected to implement an erosion control plan as well as failed to assure against the collapse of your property. This is usually something the building departments take very seriously. In my experience, they'll run out that day and demand immediate reparations. I've even seen a few times when the county took remedial measures to assure that there were no damages and then charged back the responsible party.

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Answered on 10/20/04, 12:49 am


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