Legal Question in Real Estate Law in California

# neighbors to the west of us are diverting rainwater across the front of their property to our property. The neighbor next to us, want us to divert the water to the next neighbor. This would very probably cause some neighbors to flood. We feel that this is wrong, is it illegal?

Asked on 3/06/23, 1:49 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

It is not illegal per se to divert runoff onto other property. However if it causes damage then the owner of the property that diverts the water can be liable for the damages. It is a trespass for your neighbor to divert water onto your property. But then it is a trespass for you to divert it, and so on down the . You and your neighbors need a hydrologist or a similar professional, not a legal opinion, to deal with the rainwater.thalweg as it would naturally flow in the absence of diversion and what to do about any diversions without damaging anyone's property.,

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Answered on 3/08/23, 11:51 pm

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