What are our rights if the overflow from a county road flooding has damaged the ingress/egress to our property?

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What are our rights if the overflow from a county road flooding has damaged the ingress/egress to our property?

The property owner refuses to allow repair to it by us, the user. What are our options? It is shown on deeds and plats. Who is responsible or allowed to repair it?

Asked on August 11, 2012 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the owner of an adjacent property has a situation on his or her property that causes damage to your and other's property and essentially has become a nuisance where the ingress/egress to your property has been damages and the owner refuses to allow you to rectify the property then you need to consult with a real estate attorney about your legal options.

If you have an easement over property of another needing repairs, you would be entitled under the law to make repairs to the property covered by the easement you have. If the onwer of the adjacent property has a condition causing damage to your easement, the owner could be required by a court order to rectify the issue or pay you the costs for any repairs you have to make.


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