Legal Question in Real Estate Law in Georgia

neighbor built storm drain on our property

Neighbor personally built storm drain on our property, without permission, to attach his newly-laid storm sewer culvert to our existing culvert. Although he brought in much dirt, the storm drain is higher than his grade (he ''plans'' to bring in more dirt). He also added dirt to our yard (!) in a feeble attempt to raise our grade to the level of the drain. The result is a ''drain'' that drains nothing, and a mess in our yard: when he added dirt to our yard, he created a ditch in which all the rain from his yard now puddles. I know that entirely removing the drain would create a worse mess, but can we legally lower the portion that is on our property? We have spoken to the county and to someone with much experience in grading - our plan will work, but is it legal to alter a storm drain that neighbor built on our property? We want to sell soon, so really don't want to tie this up in court. County suggested we call the Marshall, but we think it would be simpler in the long run to fix it ourselves.


Asked on 3/14/04, 2:31 pm

1 Answer from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: neighbor built storm drain on our property

This is too complicated to answer in this type of forum. You needd to consult with a local attorney. I have handled similar cases and a visual inspection of the property involved is a must.

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Answered on 3/14/04, 6:48 pm


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