Legal Question in Real Estate Law in Georgia
Water runoff
Builders bought the lot next door and turned their downhill property into uphill property by building up around the foundation of the new house. We get a lot of natural water tunoff during the heavy storms, and the dam they have created turns the water back to our crawlspace. We also now have their red mud on our property where it used to be soil. They admit the problem and say they will fix it with a but what happens if they don't and then sell the house like it is? Will the buyers be liable if they buy the property before it is fixed?
2 Answers from Attorneys
Re: Water runoff
You have a sticky legal question here. Be sure to document all interactions between yourself and the builders and their responses, if possible. They should be fixing the problem now. I don't know what county you live in but you should be contacting the county and they should be fining the builder for allowing this runoff. The rural counties are not as strict as the urban counties though. The buyer of the property may be liable, depending on several factors, if they purchase the property. It depends on how the situation plays out. Hopefully, the builder will do what is right and repair it before the buyer takes possession. From my experience, this is normally what happens.
Re: Water runoff
I disagree with the previous poster in that he thinks things will get worked out. I represent a large number of homeowners and their associations against builders and developers. Once a builder has taken a course of action, he/she almost never back tracks. You should consult immediately with a local attorney. Ask about the legal doctrine of "laches" which may be available to the builder if you don't take prompt legal action.
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