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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.