Legal Question in Real Estate Law in Georgia

Responsibility of landowner to contain surface runoff

I purchased a 7 year old, single family home in Forsyth county, Georgia in May of 2002. My rear yard is bordered by four single family homes that range in age from 2-6 years old. All of the homes are situated on lots that have higher elevations than mine. This year we have experienced record rainfall, more so, than during the past 18 years. As a result, surface water runoff from the four adjoining properties has ''super-saturated'' my back yard and septic tank fields. This problem was not evident when I purchased the home due to a lack of rain. However, I must now (1)Install a perimeter drain; and, (2) reroute my septic fields to the front yard, to the tune of some $8,500. Since the problem is due exclusively to the ''runoff'' flowing from the adjoing properties, I want to know if the responsible landowners have any responsibility to abate the runoff, or, assist me with the expense of correcting the problem?


Asked on 5/15/03, 6:10 am

1 Answer from Attorneys
Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: Responsibility of landowner to contain surface runoff

You need to sit down with your attorney and discuss the situation. This area is very fact sensitive. What was the natural flow before development? Is there a drainage easement on your property? What is the water table for your lot? What is the soil type? Did a soil scientist misrepresent the soil type on your lot? (Historic natural drainage ways have alluvial soils which can be very unsuitable for drain fields.) Etc. Etc. This can be a complicated area.

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Answered on 5/15/03, 7:51 am


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