Legal Question in Civil Litigation in California

My Palm Desert house was water damaged yesterday in the rain storm. The area where the damage occurred is a wall that runs along the neighbor's yard. The neighbor has built a kind of barbecue pit there. It is a cement slab with enclosing cinder block walls. His yard does not appear to have any drain and excessive water accumulated in the walled in area and then entered my house. My yard has a drain and I did not have any other water damage to my home. His yard does not appear to have any drain and water just pooled in his yard. The properties are at the same elevation. I have been in this house since 2009. I don't know when the walled in pit was built but I was never asked for approval to have this structure built abutting my house.

Asked on 9/09/14, 8:29 am

2 Answers from Attorneys

Paymon Bidari Bidari Civil Defense

Your neighbor doesn't need your permission to build the pit. However, if you can prove that this pit caused the water to flow from his yard to yours, then you you can recover your property damages from your neighbor. You should document damages meanwhile.

If you have any questions, or concerns, please let me know. 714.525.5570.

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Answered on 9/09/14, 9:36 am
Terry A. Nelson Nelson & Lawless

You will need to have the property issues examined by a civil engineer before deciding IF there is any violation by the neighbor that gives rise to a valid damage claim. It will be the testimony of the engineer in trial that counts, not yours or mine.

Or, you can simply make a claim for the damage and see if his homeowners or liability insurance will pay for it without having to file a lawsuit.

If serious about hiring counsel to help in this, feel free to contact me. Iíll be happy to help fight and get the best outcome possible.

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Answered on 9/09/14, 11:35 am

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