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Water coming from neighbors yard

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wweiss

Guest
What is the name of your state? California

My neighbor has insufficient drainage in her backyard, and it causes our garage to flood...she is putting in a drainage system, but has informed us that the water will be carried to the rear of her yard, and will overflow into our yard...instead of our garage... Is it true that she is responsible for keeping all water out of our yard, which would make it insufficient to simply re-route the water to another part of our property?
 


FarmerJ

Senior Member
contact your city or countys zoning offices to learn if there is any local requirement that says that one cannot change drainage to force water onto a neighbors lot .
 

HomeGuru

Senior Member
wweiss said:
What is the name of your state? California

My neighbor has insufficient drainage in her backyard, and it causes our garage to flood...she is putting in a drainage system, but has informed us that the water will be carried to the rear of her yard, and will overflow into our yard...instead of our garage... Is it true that she is responsible for keeping all water out of our yard, which would make it insufficient to simply re-route the water to another part of our property?
**A: tell her NO, you are not allowed and do not have permission to drain water onto your property.
 

IANAL

Junior Member
Drainage

There is almost no statute law on drainage, it is really all common law.

The courts recognize that water runs downhill. A property owner must accept normal runoff from the properties uphill of them and convey that water to his property's natural drainage point, likely some other neighbor's property.

The fact that an uphill neighbor's property drains into yours is not actionable. If the neighbor altered the drainage by regrading their property, paving a significant portion of it (thereby increasing runoff), then you have a case, but it would have to be a civil action, they are almost surely violating no law.
 

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