QUESTION
My neighbor dumped a large pile of dirt at my property line. The dirt is flowing onto my property. What is my recourse?
Asked on Nov 11th, 2016 on Residential Real Estate - California
More details to this question:
My backyard is sloping (uphill). My uphill neighbor recently graded a section of his property and dumped a large pile of dirt close to the property line. Some of the dirt is flowing downhill onto my property. I'm concerned because the pile of dirt increases the steepness of the slope above my property and the dirt will eventually make it's way onto my property by way of erosion or collapse. What is my recourse in this situation? Thank you
1 ANSWER
Construction and Real Estate Attorney serving Burbank, CA
at
The Law Offices of Adam S. Warshaw, APC
Update Your Profile
what you have is a classic nuisance/trespass case. You can file a lawsuit to quiet title and compel the neighbor to stop causing dirt to flow across to your land. Your local department of building and safety may also be contacted; there are ordinances that prohibit placement of uncertified fill in sloping areas and that prohibit dumping spoils from excavation. The local authorities might issue a citation and compel him to remove his dirt pile.
Answered on Nov 14th, 2016 at 9:49 AM