Water flow across property lines

[diesirae270]

What is the name of your state? GA

We recently bought a house with a slightly slanted backyard. The slope of the yard causes rainwater to flow towards the neighbors property and she has asked us repeatedly to keep the water on our side of the fence (she claims that it's flooding her kitchen, despite the fact that i've checked it out when it has rained hard enough to support her claims, but only a small puddle occurred on the other side of the fence where most of the water gathers). we've cut down a tree and build a trench at her request, which seems to be taking care of most of the problem, but she's persistant and is hinting at civil action against us if we dont fix it.

From what I understand, rain/surface water is considered a "common enemy". As long as we haven't landscaped in such a way that water is diverted from it's natural course and leads to her yard, we have no repsonsibility to keep the water on our property. Am I right? It's flowing downhill...where else is it supposed to go?

Thank you for any help you may have to offer.

 

[FarmerJ]

Double check that with your city or county govt centers zoning office , that was the deal when I had my last property, so I had to make no changes just because the nbrs property was downhill from mine. If you learn that your city or county zoning office agrees with you and has a ordininance to back it up ask them for a copy of it and send it to her certified explaining in a additional letter that you will do no more work on this. keep copy for self with certified rct.

 

[diesirae270]

I contacted my local public works director and he confirmed my beliefs; since i have not landscaped or built a structure which causes the water to flow into her yard in a way other than it's natural course, i'm completely free from all responsibility to keep the water from leaving my property even if it's pooling up and may cause damage or flood her house.

he further went to explain that the neighbor is allowed to take action that distributes the water more evenly across his property line when it is received, or she can gather it and channel it away (as long as it doesn't cause a similar situation with HER lower adjacent neighbor).