In article <2jfad19ikn59lrsa8nbe6isd5r1fb2r5kb@4ax.com>,
frogie <georgek@humboldt1.com> wrote:
California
Our property drains to a ditch that runs in front of our only neighbor
and because they decided to not like us., they say we have no right to
use "their" ditch. it's on a private road and we are trying to find out
who "owns" the road or is it shared by people on either side
we think our best luck is prescriptive easement , as this situation has
existed for 22 years.
any ideas?
Note: 'water rights', and related matters, are a *very* messy and convoluted
part of real-estate law. For authoritative answers, you need to consult
a legal professional *in*your*venue* that specializes in such matters.
That said, the following "generally" holds true --
The natural flow of run-off water from one plot of land to another plot,
is an act of God. Criticial factor: "natural" -- if you've "messed with"
the water flow, and problems arise _as_a_result_of_ that 'messing', you *do*
have liability for damages caused, and to 'make things right' again.
If you haven't done anything to change the amount, direction, etc. of the
previously existing run-off pattern, they have no basis for any action
against you. Further, if *they* make changes to/on _their_ property that
adversely affects the run-off pattern on _your_ property (e.g. building
a dam -- to prevent water that previously entered their property from
continuing to do so -- _you_ have basis for a lawsuit against them.
