Legal Question in Real Estate Law in Georgia
Water Drainage From higher Property
Our subdivision is hilly. Houses are on 1/4 acre lots. The lot behind me is about 25' higher than my lot, there is a steep slope in my backyard. I own about 3' of land at the top of the slope then there is the slope of about 60 degrees into my backyard.
During heavy rains of 2-3'' during 6-7 hours I get quite a run off from the lot above draining down to my lot and washing my topsoil and plants into my yard. This run off leaves a large trench which I have to fill and replant the slope. This has happened six times in one year. I have constructed a basic dam/levee at the top of my property which works with smaller amounts of rainfall but is overwhelmed by the heavy rains. I used concrete blocks, bricks and soil. nothing elaborate, just do it yourself sort of a dam.
Does the peoperty owner above me have any responsibility for the damage done to my property by the water coming off their property? Can I ask or insist that they take some steps to stop the water from coming onto my property?
1 Answer from Attorneys
Re: Water Drainage From higher Property
Gee, you have stepping into an interesting area of the law -- no pun intended. Some years ago, I litigated a bunch of these types of claims (from both perspectives). The law you are looking for is not eaisly found in Georgia. For example, its not just one statute or the review of one or two cases. Water runoff cases and water/nuisance cases turn on FACTS. For example, it is crucial to determine who was on the land first, you or your uphill neighbor (UHN). Or, did the developer create all lots at the same time (perhaps its the dev. fault). If the facts show that it is just topography (which all defendants argue) then it is the way G_d laid it out and you are stuck with it. Natural flows = no liability. If UHN modified the topo, you may get him for that. But again its facts. I have advised a number of clients to save teh $ they would spend on lawyers and invest in H2O control, drainage and discharge. I mean, simeply get that stuff into the county storm sewer and let someone else worry about it.
I pulled 3 cases, they are 230 Ga.App. 872, 98 FCDR 942
WEST
v.
CSX TRANSPORTATION, INC. et al.; 209 S.E.2d 581
233 Ga. 32
Emris E. BRAND
v.
MONTEGA CORPORATION.; 272 S.E.2d 302
246 Ga. 571
CITY OF COLUMBUS, Georgia
v.
MYSZKA et al.
But there is not enought room in this BBS to ship them to you. If you email me, I can attach same back as a document. Hope this helps. Hugh Wood
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