Legal Question in Real Estate Law in Georgia

drainage from new subdivision

I have lived in my house for 7 1/2 years, and have not had any drainage problems till this past summer (July) when construction on a new subdivision started outside of mine. After a phone call to the developer, the problems stopped, then started again mid November. The volume of water from the new subdivision exceeds what the shallow creek in my neighbors yard can handle, so it spills over and floods my lot. I am trying to sell my house, and this has become an issue.


Asked on 1/15/07, 5:10 pm

1 Answer from Attorneys
Jon Gottlieb Flynn & Gottlieb, P.A.

Re: drainage from new subdivision

Depending upon the circumstances you may have a trespass or nuisance claim against the developer. You may also consider contacting the local building permit office. They may come out and take a look and tell you what they think. They actually have the authority to shut down the project if necessary.

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Answered on 1/15/07, 5:27 pm


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