Property Line And Runoff

Summary

If a neighbors elevated yard causes soil and rainwater runoff into your property, consider hiring a surveyor to establish property lines. You may have a nuisance case if the runoff causes damage. File a complaint with local code enforcement about the runoff. The city may require a retaining wall for safety, but if the issue originates from the neighbors property, gather evidence and communicate with the city. Consulting a local attorney can provide personalized advice.

Full Conversation

My rental property in Seaside shares a fence with a neighbor whose yard is elevated higher than mine. Their soil pushed against the old fence for years, causing it to bend, break, and fall into my yard. I removed the failing fence for safety and planned to replace it, but the neighbor stopped the contractor, claimed the new fence was on his property, and demanded a survey. He then called Code Enforcement, who now keeps pressuring me to build a retaining wall and fence because of the neighbor’s elevated yard. The City inspector told me I’m not required to build a fence as long as runoff is controlled, but meanwhile, the neighbor’s soil and rainwater are washing into my yard. I believe the grading issue is on the neighbor’s side, not mine, and I need guidance on my legal responsibilities, property line concerns, and how to file a formal complaint about the runoff coming from the elevated yard.
Hey Fara! Here’s some general legal guidance for your situation:
- Property Line Dispute: Consider hiring a surveyor to establish the exact property line.
- Neighbor’s Soil and Runoff: You might have a case for nuisance if the neighbor's yard is causing damage to your property.
- Formal Complaint: File a complaint with the local city or county code enforcement about the runoff issue.
Would you like to explore options to connect with a local attorney who can provide more personalized assistance?
Why is the city of seaside trying to force me to build the retaining wall when the neighbors yard is the nuisance
Hey Fara! It sounds frustrating. Generally, the city may be concerned about safety and property maintenance when it comes to retaining walls. However, since it seems your neighbor's property is causing the issue, you might want to:
- Request a formal property survey to clarify boundaries.
- File a formal complaint about the runoff and soil with the city.
- Consult with a local attorney for personalized advice.
Would you like to explore options to connect with a local attorney for more specific guidance?
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Case Rating: *
It sounds like you have a challenging situation with your property and neighbor. Consider gathering evidence of the runoff and its impact, and continue communicating with the city about the issue. If you change your mind about connecting with a local attorney, feel free to reach out for further assistance.