Question:
There is this neighbor, lets call him Bob (actually I think thats his real name, not sure), anyways this takes place in California and I need advice or help from anyone who might know California laws. This is also a more of a country setting of California where there is a decent amount of open fields/forests around.
Bob decided to take his property and raise it up about 4 feet. This is a major modification to the land and impedes on our property. There use to be a natural flow of water from the large hill behind both of our properties that would flow from the hill onto his land and out into the street for proper drainage. The same occured for our land. Now the water avoids his property altogether and it all comes on to our land flooding our property and it did not dry until mid June this year. (Given there were late rains this year but for the amount it rained and the amount of water left on our property, it didnt add up). It normally dries out around March. Does anyone know of any laws or such for this type of thing?
Answer:
Originally Posted by GoMilton There is this neighbor, lets call him Bob (actually I think thats his real name, not sure), anyways this takes place in California and I need advice or help from anyone who might know California laws. This is also a more of a country setting of California where there is a decent amount of open fields/forests around.
Bob decided to take his property and raise it up about 4 feet. This is a major modification to the land and impedes on our property. There use to be a natural flow of water from the large hill behind both of our properties that would flow from the hill onto his land and out into the street for proper drainage. The same occured for our land. Now the water avoids his property altogether and it all comes on to our land flooding our property and it did not dry until mid June this year. (Given there were late rains this year but for the amount it rained and the amount of water left on our property, it didnt add up). It normally dries out around March. Does anyone know of any laws or such for this type of thing?
I'm sorry that I don't know the laws but you might want to report it to the city hall or some place that could do something about a such thing...
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Id kind of like to know what I would be getting myself into before reporting it. There is no way the county would have issued permits for him to do what he did but I'd like to know what exactly the laws are pertaining it. I may end up having to just go report it.
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I think he would need a permit to do that, I know here in ND you cant even put up a fence without a permit
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I worked at a place (here in Southern California) that had raised the property before moving in.. and it changed a "natural" water flow of part of the town. They had alot of problems with neighbors and stuff... From what I understand you are supposed to get a "conditional permit" to do that and it has to be approved by the town or city.. or county where you live..I think you can look that up to see if the neighbor did that.. also call the "Town Hall" and annonymously ask them " If a person does so and so.. is it legal or do they need a permit. If you find they do need a permit then go to the Town Counsil and let them handle the problem.
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You could try checking here http://www.romingerlegal.com/state/california.html#stat
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Maybe be happy fom him that he's improved his property, but at the same time explain to "Bob" that in so doing, he's unimproved yours. I'd try to come to some sort of agreement with him. Maybe have him fund putting some sort of drainage system that's not tacky in your yard? I dunno. He has the right to do with his personal property what he wishes, but he doesn't have the right to infringe on your personal property rights, so if he is, he needs to fix it.
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call a lawyer, find out what the legal issues are, pursue it as a legal matter. He has decreased the value of your property (intentionally or not) and is liable to provide restitution.
That may include paying to have additional drainage put in to reduce the affects of his land modifications.
note, I am not suggesting you sue him for eleventy billion dollars. Given the question you're asking, this doesn't sound like the kind of neighbor who will fix this without some legal compulsion.
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You do not need a lawyer. The fastest way to find out what the rules are here is to go to your county. They are the people who will know your laws. Most land rules are made by the county, not the state. My parents live in an area very similar to the one you described, and I know for certain that here, he is responsible for this problem, and that you have a case to have it fixed at no charge to you.
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Thanks for all the suggestions guys.
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There is no way the county would have issued permits for him to do what he did but I'd like to know what exactly the laws are pertaining it.
If he is disrupting the natural flow of stormwater, he may need more than just a permit from the county too. If it wasn't private, I know that DEQ, DHH, and the Corps of Engineers would all have to be notified and may, depending on the circumstances, give a permit. I don't know if these would apply to a private home though. I do know private land still needs a permit for constructing a pond. It seems logical that raising the level of the land by 4 feet would require a permit too.