Legal Question in Civil Litigation in California

My property is built below the street level. The natural flow from rain water flows to the residence below me. My neighbor is complaning about the drainage and wants me to correct this. I have no way to redirect the flow of water because there are homes on both sides of me. Am I responsible? I have called San Diego county but they are not responsible for this!


Asked on 3/24/11, 11:55 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

If the flow of water from the street is such to come onto your property, the public entity that owns the street may in fact be liable. Before the street was constructed, the flow of water probably was much different; construction of the street resulted in more water landing on and flowing onto the street surface and concentrated the flow to a narrower location, namely your property. The street should be pitched away from your property and berms should be along the edge of the downhill properties so that the water is directed to a storm drain. As an attorney for the City of Oakland I had to defend unsuccessfully several of theses types of cases. Immediately contacted the public entity owning the street and try to get them to do something before they are sued.

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Answered on 3/25/11, 9:07 am


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