backyard access on neighbors property

[newnanlady]

GA.What is the name of your state (only U.S. law)?
purchased home 15 yrs ago and agreement with seller and adjoining neighbor were fine in us using steps to get to back yard.....because neighbor had all their drainage pipes running under and on our property. They both had done major work in design.
New neighbor moves in 5 yeas ago, and we talked about getting something written for us to use steps and them to continue to have all the water from their house and driveway go down a rock bed and pipes underground. Nothing ever done. They want us to build a bridge over the rocks, so they can remove the steps. If we have any machinery come in and do work, it will break all their pipes, which we have advised them. These steps have been in use since 1996. There is no way for us to get to back of house without using these steps - maybe 4 feet on their property. Now they are selling. They are not willing to sell or agree to anything. Any suggestions. Our home has been standing since 1996.

 

[TheGeekess]

What is the name of your state (only U.S. law)?

There's an undocumented feature of the forum; when one previews one's post, it disappears.

 

[justalayman]

so, the use of the steps and the presence of the drainage were both by mutual agreement and permission of the owner of the involved property, correct? That means there is no prescriptive easement earned for either party for their encumbrance/intrusion onto the other property.

They have a right to prevent you from entering their property. You have a right to tell them to drain their water elsewhere. Send a certified letter demanding the neighbor remove their drainage pipes from your property. Be sure to send a copy to the real estate agent handling the neighboring property. RE agents do not like issues such as that when they are trying to sell a property.

 

[newnanlady]

thanks for your feedback. sounds simple and easy enough to do. Fireworks in December when it happens.