Shared Drainage in Cluster Home Subdivision

[w0lver]

What is the name of your state (only U.S. law)? Georgia

My question involves personal property located in the State of: Georgia

So we live in this development since 1996. In 1999, we had a water issue and with our neighbor we paid the home developer to install a drainage system between our two homes. We paid $6000 and split the costs. The system starts on our property feeds a couple of downspouts and a couple of grates and then twists around my neighbor house and down a hill.

Lately, we have started getting water in our basement again, and the proposed solution was to install new french drains and tie them into this existing system. Well our neighbor comes out and screams at the contractor and tell them that they better not use "their" drainage system and storms off.

We go over to discuss what we think must be a misunderstanding and the neighbor start telling us that the drainage system is broken and is eroding the hill and and no more water can be put into it. I tell them we share the cost of this system and if its broken, we should get it fixed.

They proceed to continue to yell and tell us that the "agreement" was for the existing water and that we have no right to install more sources. I tell them that there was no agreement other than to split the costs for the initial installation and that we can use the system as we need.

Then they proceed to tell us that they don't have the money to fix the existing system and if we add anything to it, they will cut it, and they threw us out of their house.

Now beyond the amazingly irrational behavior, what's our rights? It would imagine if I paid for it and it starts on my property is mine to do with as I please. I would also imagine that there is something about this is the civil codes as well. But Google is not helpful and neither is the DeKalb County website.

I just want to stop my basement from flooding. I really don't want to get in a battle with my neighbor who I live 20 ft away from. I just want to stop the water coming in my house. Ideas?

Thanks,
Ross

 

[sally1]

I would recommend rerouting the new drains so they remain on your property,and not try to tie into the previous one you did with your neighbor.

The only other option is to foot the bill to repair the old system you did with your neighbor,so they are willing to have you tie in more drains.

It would be cheaper to keep things on your own property.

I would agree with your neighbors in that the previous system is what you both agreed too,and adding more water sources to the old system is something you would both need to agree about.

It is within their rights to decline a change in the old system.More water means a shorter life span for the drainage system.

 

[drewguy]

My first thought is too bad you didn't make a written agreement.

Second is he's not totally irrational unless the facts he claims are totally false. If the system is undersized for the water he has a legitimate concern.

That said, since there's no agreement if it came to a lawsuit your use would likely be allowed so long as it is reasonable and consistent with the original purpose. Also, they would not likely have the "right" to cut you off from the system regardless.

As the next poster suggests, you may be better off going it alone for additional drainage needs. Don't throw good money after bad with this neighbor.