Access to a neighbors property

UPDATED: Oct 1, 2022

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Access to a neighbors property

With our neighbors permission, we built a creek through the neighbors yard to
assist with water drainage issues. He has since decided to build a fence. Do we
have any rights to access the creek to clear it of debris after storms? We are on
good terms but asking the question if he chooses to sell.

Asked on April 12, 2019 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you do not have any right of access unless you have an actual written agreement with this neighbor giving you such right. Without an agreement as to access, the fact that he let you build the creek does not give you any continuing rights to go onto his land. And even if you had an agreement with this neighbor, such an agreement only binds or obligates him, as the person who entered into the agreement--it would not bind or obligate any later owners of the house, who could deny access to the creek or even fill it in if they like.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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