My question involves real estate located in the State of: California
I have a neighbor who is threatening to sue me if I don't take certain actions to remedy a problem he has with water leaking into his structure.
His structure is abutted up to the property line which is somewhat downhill and 6-8 inches below my yard. His roof drains in the direction of my property (which is not problem) and my detached garage which is 4' from his structure drains in the direction of his property (as does all water, since his structure is downhill from my yard)
In the past, he has been reluctant to install gutters on his home despite the fact that runoff from his home was dropping water in the very spot where water was entering his home. He installed the gutters 2-3 years ago, but they clog frequently. I estimate that the greater problem is ability of the rear wall of his home to keep water out, and he must take action to reinforce the structure at a cost to him. Also, the gutters must be kept clean. He disputes all of this and claims it is my fault.
Can I be held liable for runoff from my structures and property if his property is downhill from mine, a condition that existed long before either of us moved in to these 70+ yr old homes?