Legal Question in Real Estate Law in Georgia
I recently bought a farm. My neighbor has a pond, which is basically a dammed up portion of the creek that separates our properties. Prior to my purchase, my neighbor repaired and subsequently increased the height of the dam. This ultimately has caused the water to back up on my land, rendering several acres unusable for row crop farming. Since the repairs were done before I bought the property, do I have any rights with regard to having my neighbor lower the water level of the pond?
1 Answer from Attorneys
Probably not, since a proper home and other inspection, if you planned to farm, would have alarted you to the situation. You may still want to contact local officials just to be sure the dam is legal and properly constructed, but otherwise I don't see that you can remedy a situation you could have been aware of.
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