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My subdivision used to have drainage ditches, but over the years they have filled over. When it rains the water travels down my drive way to the ditch behind me. When it travels over my carport it backs up into my house. I have dug a 90 open ditch alongside my home and have cut a 6 inch section from my driveway to divert the water but nothing works. The city refuses to maintain the ditch. Flood insurance will not cover the damage if it is only to my home. Can I sue the city for not maintaining the drainage ditch?

Submitted: 50 days and 12 hours ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country relating to Question: Georgia

Already Tried:
I have asked the city to repair/maintain the ditch. They have refused. I have dug an open trench (dangerous) up to 1 1/2 feet deep in my yard. I have cut a 6 inch wide section of concrete from the width of my driveway (also dangerous) to divert the water from traveling over my carport. I even asked the city if they could buy gravel at wholesale price and sell it to me to help in creating a covered drain in my yard (I have already purchased 100 feet of 8 inch drain tile). The city told me to sue my neighbors if their water is draining on my property. Every year the problem seems to get worse.

Posted by Christina Fortunato, Esq. 50 days and 11 hours ago.

Info Request

Hi snorkipetro,
Are the drainage ditches on public property?

50 days and 10 hours ago.

Reply

The drainage ditch is on the public right of way between my property and the street. We have no curbs or sidewalks in our subdivision.

Accepted Answer

Then you can sue the city to get them to maintain the drainage ditches, and also for damages and expenses you have incurred because of the lack of maintenance.

Accepts:
Expert:	Christina Fortunato, Esq.
Pos. Feedback:	99.6 %
Answered:	10/1/2009

Attorney

Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker

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Info Request

Hi snorkipetro,
Are the drainage ditches on public property?

Reply

The drainage ditch is on the public right of way between my property and the street. We have no curbs or sidewalks in our subdivision.

Accepted Answer

Then you can sue the city to get them to maintain the drainage ditches, and also for damages and expenses you have incurred because of the lack of maintenance.

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Question

Optional Information

Info Request

Hi snorkipetro,Are the drainage ditches on public property?

Reply

The drainage ditch is on the public right of way between my property and the street. We have no curbs or sidewalks in our subdivision.

Accepted Answer

Then you can sue the city to get them to maintain the drainage ditches, and also for damages and expenses you have incurred because of the lack of maintenance.

Related Legal Questions

Hi snorkipetro,
Are the drainage ditches on public property?