Legal Question in Real Estate Law in Georgia
Neighbor affecting my property
My names property directly behind me has a sloped backyard so when it rains, the water from their yard runs off into my yard and creates a flash flood affect. The water then runs down my driveway into my front yard where I have finally had to put rocks to keep the damage to a minimun. I need to know what responsibility they have to get their water drainage problems fixed where their run off does not come into my yard and affect my property the way it has. What is the first process in notifying them of the problem and asking them to fix it, and if they refuse what would be the next step. I have taken pictures of the most recent flash flood in my backyard and pictures of a literal river going down my driveway. Should I send them these pictures with a certified letter? Do I have any claim against them to get this problem fixed?
2 Answers from Attorneys
Re: Neighbor affecting my property
If your neighbor altered the natural configuration of his/her land and this led to the runoff, he/she may be liable for damages. You should consult with a local attorney because the attorney will need to view the property to form an opinion. After consulting an attorney, you will then be able to write your neighbor and demand that the problem be fixed.
Re: Neighbor affecting my property
Your neighbor may be liable for the damages, but it depends on the whether they modified the natural lay of the land. I would advise hiring an attorney and then sending a demand letter if appropriate. If you would like to discuss any issues further, please feel free to contact my office. Thank you.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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