Madison, AL asked in Real Estate Law and Environmental for Tennessee

Q: What kind of lien can we place on neighbor's property? Pond built causes flooding on our property & foundation sagging

Neighbors down creek installed pond, now backs into our yard when it rains, they won't fix & now they are selling. We have lived in our home for 19+ years they built their home about 9 years ago then installed a pond in the middle of the creek, they changed the height & redirected the creek. Now when there is a lot of rain the creek backs up into our yard up to our house & has caused our foundation to sag. We did not have these problems the prior 10 years, we have talked to them about the issue but he says it's not his problem. They are divorcing & will be selling the house, we would like to get the problem fixed before the next couple moves in.

2 Lawyer Answers
Anthony M. Avery
PREMIUM
Anthony M. Avery
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: You have probably already breached the three year property damage statute of limitation. No lien is possible without first suing them and getting a judgment. Although doubtful a competent attorney might be able to help you. There may be other causes of actions which two title searches and a survey might disclose.

Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: The statue of limitations is a real problem and I also agree that you can't file a lien in this situation. However, there can be a claim for what the law calls "creating a continuing nuisance." In other words, every time it floods, there may be another opportunity to file suit, especially if the situation can be eliminated. Consult an experienced real estate attorney asap.

Anthony M. Avery agrees with this answer

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