Stormwater Runoff From Neighbors Property California

Storm water run off is a condition that can create serious neighbor wars when changes occur unexpectedly.

Stormwater runoff from neighbors property california. Generally neighbors are not held legally responsible for damage to a property that is caused by the natural runoff that occurs when rain or other precipitation meets the earth. The downstream property owner is obligated to accept and make provisions for those waters that are the natural flow from the land above. However if the water damage is caused by a neighbor s actions or non actions this can present some difficulties. So in california uphill property owners might be liable for property damage to their downhill neighbors caused by surface water run off if they failed to exercise reasonable care in the use of their property so as to avoid injury to the adjacent property through the flow of surface waters.

In general a neighbor will not be responsible for damage to your property caused by runoff from naturally occurring rain and land conditions. California used to follow the civil law rule but the rule hindered development of land. California drainage law is essentially case law. The reasons for water runoff from a neighbor s property can start with the obvious.

Personal animosity arises quickly when one neighbor s development or renovation of its property creates new or increased flow of surface water that damages its neighbor s property. Ordinarily a neighbor is not responsible for any damage stemming from natural runoff from rain or the land. A landowner may build a building pave her land or alter the contour of the land in a way that increases the amount of surface water that drains onto neighboring property or changes where it flows thus damaging nearby property. Installing a pool or pouring a concrete deck eliminates natural surfaces that soak up rain water.

Since real estate development changes the natural flow of runoff any project would require very careful consideration of the unnatural runoff s effects. However if a neighbor installs landscaping that alters the original condition of the land that causes more water to run onto the property than usual resulting in damage there may be grounds for recovery. The upstream property owner shall not concentrate water where.