Los Angeles, CA asked in Real Estate Law for California

Q: Los Angeles first time home owner - Am I liable for water/dirt runoff from my yard going into the neighbor's driveway?

My partner and I recently bought our first home last summer. The whole yard had been renovated with trees along our neighbors metal fence. Since moving in, the neighbor has informed us that due to the soil along the fence, when it rains the water and mud runs off into her driveway. She's elderly and runs a day care so we don't want to be a nuisance, but we also did not know about this issue before and are not sure what type of cost it would be to build change our landscaping to prevent this fully. We installed gutters on our roof to alter the flow of water but she said our most recent rain storm caused a huge mess. We're trying to be civil and have talked with her about us being open to find a mutual solution, but I'm worried she may pursue legal recourse if we take too long. Are we at risk or is this something that would be viewed as an "act of nature" as we can't control when it rains or where the water drains out to?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You know, this is So Cal. The rainy season lasts maybe 4 days over as many months. Get a square shovel and a push broom and go clear her driveway after the rain like a good neighbor. I bet she would appreciate the effort. Home Depot sells 5 gallon buckets so you can return the dirt to your yard. Look into putting up a border that will hold the soil back. As for being sued? You never know what is going on in someone else's mind. This is a legal BB, you need a psychic one to predict the future.

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