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  1. #1
    ChrisAnaAlex is offline Junior Member
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    Drainage rights and responsibilities - CA

    What is the name of your state?What is the name of your state? CA
    I live in Orange county southern California. My adjoining, down slope, neighbor has had problems with flooding in his lower bedroom during heavy rains. This flooding has occurred for the 17 years that he has owned his property. Over the years he has built low concrete block and wooden fencing along his upslope property lines, rear and side, the most recent of these walls was built last summer. This new wall is on the rear of his property, and diverts drainage from the natural low point of the upslope neighbors, onto my property. All of these walls and fences have changed the natural flow of drainage rain water onto my property, and now approximately 60,000 square feet of upslope property now is forced to flow down my side yard. This drainage area is unimproved backyard plantings / orchard or natural unimproved scrub, and the natural slope would have had this water flowing through his property to the street. When we purchased, 7 years ago, we knew that we needed to sensitive to our neighbors needs and mindful of the predicted heavy rainfall, el Nino, of the year so we put a small dirt trench along the side yard, this was intended to be temporary. What are my rights and responsibilities?


    Thanks
  2. #2
    HomeGuru is offline Senior Member
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    [QUOTE=ChrisAnaAlex]What is the name of your state?What is the name of your state? CA
    I live in Orange county southern California. My adjoining, down slope, neighbor has had problems with flooding in his lower bedroom during heavy rains. This flooding has occurred for the 17 years that he has owned his property. Over the years he has built low concrete block and wooden fencing along his upslope property lines, rear and side, the most recent of these walls was built last summer. This new wall is on the rear of his property, and diverts drainage from the natural low point of the upslope neighbors, onto my property.

    **A: how can a downsloped property drain water onto an upslope property?
    ********
    All of these walls and fences have changed the natural flow of drainage rain water onto my property, and now approximately 60,000 square feet of upslope property now is forced to flow down my side yard. This drainage area is unimproved backyard plantings / orchard or natural unimproved scrub, and the natural slope would have had this water flowing through his property to the street. When we purchased, 7 years ago, we knew that we needed to sensitive to our neighbors needs and mindful of the predicted heavy rainfall, el Nino, of the year so we put a small dirt trench along the side yard, this was intended to be temporary.


    **A: ok..

    ******
    What are my rights and responsibilities?

    **A: for what?
    ********
  3. #3
    ChrisAnaAlex is offline Junior Member
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    This neighbor has installed walls, functional dams, along the property line forcing drainage onto our property, and away from the natural drainage course. What does the California RE law say regarding this sort of situation?

    Thanks
  4. #4
    Shel77 is offline Member
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    I think what he is saying is that his neighboor has instaled a wall that deverts anothers neighboors drain off into his yard when it should be draining into his neighbors yard that has the drainage problem, I think contacting the permit office for you city/county might give you a place to start normaly he would need to get a permit to change the drainage on his property and obviously he did not, they should be able to tell you what you can do now that he is causing damage to your property by diverting water from his land to yours, I know you feel bad about the water issues he is haveing but it's not your problem you did not buy a lot with flooding issues he did now he needs to fix it but that doesn't mean he can cause problems to your lot in the process. Sorry I can't be of more help but I hope you get it resolved quickly.
  5. #5
    ChrisAnaAlex is offline Junior Member
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    You got it right.

    I don't want to be the SOB neighbor that doesn’t help out in time of need; on the other hand I don't need his problem. Beyond this everything that he has tried for the last 17 years hasn't helped to solve the problem of subsurface water entering his sub-ground level room in high rain times. I have asked him to deal with the drainage water entering his property, but his posturing and statements are that it's my job to keep the water from entering his property. As I understand the law, runoff from improvements such as concrete decks, pools, or a home, would mandate that the owner of these improvements make arrangements to control this unnatural runoff, keep it from negatively impacting the neighbor’s property, while natural and planted areas would not. Additionally as I understand it he must not refuse the passage of this natural drainage to enter his property. I don’t have any idea of subsurface water. I’d sure rather deal with this one on one, but I’d really like to know where I stand in the eye’s of the law before pressing home my demands that he make arrangements to accept the natural drainage.

    Do I have it right or mostly right or wrong????

    Thanks


    Chris
  6. #6
    ChrisAnaAlex is offline Junior Member
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    Thank you, HomeGuru and Shel77 for your feedback, I’ll be going to the City for their involvement. This makes the City the other party and all his posturing won’t make a hoot of difference, the law is the law.

    Thanks Again.


    Chris

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