drainage pipe

[janesu]

What is the name of your state? ca

MY message:
our uphill neighbor has installed drains that dump a considerable amount of water onto our property. Are they responsible for any damages that this might cause?

In our specific case, the drains were installed by the previous neighbor over 10 years ago, however we just discovered this. Are there any statute of limitations issues that apply here?

Finally the drains are buried, and of course they would not be inclined to uncover them to prove our point. Do we have any legal ways to force the issue?

We are hoping, of course, to work things out amicably with them; however it would help to know what are legal standing on this issue is.

[HomeGuru]

Originally Posted by janesu

What is the name of your state? ca

MY message:
our uphill neighbor has installed drains that dump a considerable amount of water onto our property. Are they responsible for any damages that this might cause?

**A: yes provided you mitigate damages.
********

In our specific case, the drains were installed by the previous neighbor over 10 years ago, however we just discovered this. Are there any statute of limitations issues that apply here?

**A: generally no but it all depends upon your idividual situation.
*******

Finally the drains are buried, and of course they would not be inclined to uncover them to prove our point. Do we have any legal ways to force the issue?

**A: then how can you prove that what you are talking about is true?
********

We are hoping, of course, to work things out amicably with them; however it would help to know what are legal standing on this issue is.

**A: where is the hard evidence?

[janesu]

Originally Posted by HomeGuru

**A: where is the hard evidence?

There is a gush of water emerging to our side of the fence with our uphill neighbor whenever there is a heavy rain. We do not have any other area having the gush of water during the rains except the spot we think the draingage pipe ends on the neighbor’s side. The previous owner might have the drainage pipe connected from their upper neighbor. However, we suspect the previous owner of running a drainage pipe over to our fence line and ending it there. Do we have any legal stand to force them to correct it ?

[HomeGuru]

Originally Posted by janesu

There is a gush of water emerging to our side of the fence with our uphill neighbor whenever there is a heavy rain. We do not have any other area having the gush of water during the rains except the spot we think the draingage pipe ends on the neighbor’s side. The previous owner might have the drainage pipe connected from their upper neighbor. However, we suspect the previous owner of running a drainage pipe over to our fence line and ending it there. Do we have any legal stand to force them to correct it ?

**A: only if you can prove that the neighbor is causing the problem.

[janesu]

The gust of water running from the storm or a good rain is washing away a lot of soil in our backyard. What is the legal problem good enough to force them to correct it ?

To be clear, we do not have water running from our direct upper hill neighbor. However, they have water running from their upper hill empty lot. We think the previous owner ran the pipe, and direct the water toward our property. We talked to the current neighbor. They do not want to do anything unless they have the legal responsibility. My question is what is the legal problem good enough to force them to correct it ? Or do I have to sneak into their property to dig and prove it ?

[HomeGuru]

Originally Posted by janesu

The gust of water running from the storm or a good rain is washing away a lot of soil in our backyard. What is the legal problem good enough to force them to correct it ?

To be clear, we do not have water running from our direct upper hill neighbor. However, they have water running from their upper hill empty lot. We think the previous owner ran the pipe, and direct the water toward our property. We talked to the current neighbor. They do not want to do anything unless they have the legal responsibility. My question is what is the legal problem good enough to force them to correct it ? Or do I have to sneak into their property to dig and prove it ?

**A: first contact your local building department. Then have an attorney send the 2 neighbors a demand letter.

[janesu]

I talked to our county inspector, and was told it is a civil mann er. If I have to hire attorney for this, is that possbile to get the expense compensated from the causer. How much minimum would cost ? Could you give me some idea ? Thanks.

[HomeGuru]

Originally Posted by janesu

I talked to our county inspector, and was told it is a civil mann :

**A: you did not ask the right question ie. can I get a copy of the building code that states a neighbor can not drain water into another neighbors property etc.
*******
( er. If I have to hire attorney for this, is that possbile to get the expense compensated from the causer. How much minimum would cost ? Could you give me some idea ? Thanks.

**A: sorry, but the answers are yes and I don't know twice.