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  1. #1
    Join Date
    Jan 2011
    Posts
    1

    Default Water Redirection Onto My Property

    My question involves real estate located in the State of: California

    There is an existing 4' wide drainage Pipe depositing water through my property, from areas across the street (Pipe goes under the street)

    Recently, the road association re-paved the roads, and upgraded the drainage system. They made a new water downspout to collect additional water from the street and areas above (other direction from the existing pipe). The new road downspout has added water in addition to the existing pipe, thus re-directing additional water onto my property, in conjuncture with the drainage pipe water.

    After 5 days of intense rain, the creek that runs through my property recently erroded away, so that I no longer can cross it when the water is not running. It never happened in the years before, so I beleive it was due to the additional water.

    In addition, a 100+ year old Oak that protected my house from being seen from the street fell over. The Oak roots are right on the creek bed. (Not sure if it is dead, but it is on its side)

    My question is: Does the road association have the right to re-direct additional water through my property without recourse?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Water Redirection Onto My Property

    It may be due to changes, or it may be the result of having five days of intense rain. You're free to try to argue your case to the road association and see what they will do. "I think" isn't going to be sufficient to win a court case - you'll need expert testimony to support your claim. Presumably we're talking about a municipal road association, not your HOA, and I expect that they do have the right to divert water; but I have no way of investigating that for you.

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