Stormwater Runoff From Neighbors Property Georgia

Damages to property from development activities can be substantial and property owners need to be diligent in defending their property rights particularly where there are ponds lakes or streams located on the property. Also georgia has common law remedies of trespass and nuisance. The reasons for water runoff from a neighbor s property can start with the obvious.

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Personal animosity arises quickly when one neighbor s development or renovation of its property creates new or increased flow of surface water that damages its neighbor s property.

Stormwater runoff from neighbors property georgia. Georgia law strongly supports a property owner s rights to use enjoy and exclusively possess their land. Generally neighbors are not held legally responsible for damage to a property that is caused by the natural runoff that occurs when rain or other precipitation meets the earth. Although prope rty must accept the natural runoff of water from neighboring lands an artificial increase or concentration of water discharge may give rise to a cause of action green v. As nuisance law demonstrates georgia law strongly protects the rights of property owners to the full use and enjoyment of their property without interference from anyone else.

In general a neighbor will not be responsible for damage to your property caused by runoff from naturally occurring rain and land conditions. Storm water run off is a condition that can create serious neighbor wars when changes occur unexpectedly. Installing a pool or pouring a concrete deck eliminates natural surfaces that soak up rain water. In one case from 2000 one neighbor upstream altered the property removing ground covering resulted in a 40 to 80 percent increase in surface water discharge onto the adjoining land during storms.

Georgia nuisance law provides a potential remedy for landowners whose property has been damaged by the activities of a developer neighboring landowner or municipality. Surface water runoff and flooding as a general rule a neighbor is not liable for harm caused by the natural conditions of land. Using nuisance law to combat flooding and other stormwater impacts. If the land lies in such a way that a particular amount of water is dumped onto your backyard every year from rain running off your next door neighbor s property it s not legally your neighbor s fault.

When you re downhill from new construction you re in the direct line of runoff.