What is the name of your state? Georgia
We currently own a home with a city easement water course running through our backyard. The easement runs through several properties in the neighborhood and ends in a spillway that runs in between our property and that of our neighbor. The spillway was constructed years before we purchased the land and was designed to direct rainwater to a city owned natural outlet or water shed.
We noticed last week the spillway has a major crack in it and learned water ran underneath the spillway creating a large eroded hole (5 feet deep, 6 feet wide and 20 feet long). Now the spillway concrete has cracked in three or four places due to lack of support. The erosion has now started to spread to our property. The land on both sides of the spillway is wooded and on a very steep grade. Neither my neighbor nor I use the land.
I’ve requested the city rain water division to come out and repair the spillway. I was informed that the city is not responsible and that the land owners were.
I have several concerns but the main one at the moment is children. Children in the neighborhood are climbing up and down the spillway (without my permission) and I’m afraid the concrete will give away or children may try to “explore the cave”. I’ve spoken with parents of the children and for the most part most have spoken with their children; however some (parents) have the attitude that boys will be boys”.
I’ve requested the department chief of the rain water division to contact me and I’ve a call in to our city district councilman.
Am I truly liable and what should my next step be?