My question involves a consumer law issue in the State of: California
I occasionally get water coming in to my family room and garage. This only happens after several days of heavy rain. The water is coming from the saturated ground, and only on the side that is next to my neighbors. Our house, in the front and back, is 97% concrete on that side. (Small gap for a hedge to grow through)
We have a zero lot line with a five foot easement. The neighbor has two or three tall palm trees in that easement next to our foundation. We want to inject a polyurethane foam into the ground all along the foundation on that zero lot line. This would create a below ground water proof barrier, and would be done without having to remove his trees. This product is safe and rated OK for drinking water. But neighbor is concerned and wants me to pay if a tree dies, or wilts, down the road. Note that the foam only expands two feet.
The easement does allow plants in the easement, but no permanent structures, and trees are not mentioned. Also, there is a drain that exits his property onto mine, that is not draining. The drain is underground, so we don't know what it should be doing, or where it actually goes. There is a chance if the drain was working that I would not have these water issues, since they only happen with many days of heavy rain.
So, am I responsible for his trees? Is he responsible for any cost of repairs, as I do have water damage beside the cost to fix future water intrusions. Can he block me from doing repairs? Would it legally be better, or the same, if I destroyed the trees by just putting in french drains? (I thought I was being nice by finding this solution, but most companies recommended the french drains.)