4. Lateral Support/Water Rights Flashcards
What is the Right of Lateral Support for Adjoining lands in Georgia?
Adjoining landowners owe each other lateral support for the natural soil, and if they share a common grantor, this includes the weight of walls and other structures.
When buildings are already in place, each adjacent wall provides lateral support to the other.
What is the Right to Make Excavations Up to The Boundary Line in Georgia?
The landowner can excavate up to the boundary for construction with notice to the neighbor, using ordinary care to protect the neighbor’s land.
What is the Rule for Ownership of Riparian Water in Georgia?
Georgia follows the traditional doctrine. Running water belongs to the landowner, but they can’t divert it from its usual course or interfere with the next owner’s use.
What is the Rule for Surface Water Rights in Georgia?
Georgia follows the reasonable use doctrine. Under the reasonable use doctrine, a riparian owner can use water reasonably within the watershed, as long as it doesn’t unreasonably interfere with other riparian rights.
What is the Rule for Underground Water Use in Georgia?
Georgia has enacted limits of usage of groundwater, including a 100,00 gallon-per-day limit(unless a permit is issued).
