What is the name of your state? Georgia, Fulton County
I am coming up on the fifth year anniversary of the closing on my house. After 1 year, I discovered a storm drainage pipe that discharges storm water directly onto my property. This 18" cement pipe collects storm water from several properties along a road that crosses the back of my property. The pipe runs underneath the road and onto my property. Site surveys and title inspection do not reveal any easement to the county. Moreover, the previous owner did not disclose the pipe on the seller's property disclosure statement. Also, I did not get a survey done, at the suggestion of the realtor, because the house was only 1 year old at the time of purchase.The person who did the home inspection failed to identify the pipe.
The county claims the pipe was installed by the developer, however, the developer claims the county required the pipe and it is county property. I am experiencing soil erosion due to the excess water during heavy rains and am concerned about structural damage to my driveway and property. I need to pursue resolution of this problem before it gets worse. I don't know if I should pursue the county, the developer, the previous owner, or the realtor for compensation. Needless to say, I've already spent over $3,000 on legal advice that resulted in 4 letters to the developer, and title insurance company.
I've considered pursuing this matter through small claims court with the previous homeowner, however I believe in order to really solve the problem, I will need the county's assistance.
Please advise ASAP.
I am coming up on the fifth year anniversary of the closing on my house. After 1 year, I discovered a storm drainage pipe that discharges storm water directly onto my property. This 18" cement pipe collects storm water from several properties along a road that crosses the back of my property. The pipe runs underneath the road and onto my property. Site surveys and title inspection do not reveal any easement to the county. Moreover, the previous owner did not disclose the pipe on the seller's property disclosure statement. Also, I did not get a survey done, at the suggestion of the realtor, because the house was only 1 year old at the time of purchase.The person who did the home inspection failed to identify the pipe.
The county claims the pipe was installed by the developer, however, the developer claims the county required the pipe and it is county property. I am experiencing soil erosion due to the excess water during heavy rains and am concerned about structural damage to my driveway and property. I need to pursue resolution of this problem before it gets worse. I don't know if I should pursue the county, the developer, the previous owner, or the realtor for compensation. Needless to say, I've already spent over $3,000 on legal advice that resulted in 4 letters to the developer, and title insurance company.
I've considered pursuing this matter through small claims court with the previous homeowner, however I believe in order to really solve the problem, I will need the county's assistance.
Please advise ASAP.