Leicester, NC asked in Land Use & Zoning and Real Estate Law for Tennessee

Q: Can a new subdivision direct the rain runoff onto my property, to the point that when it rains my buildings are flooded?

This was reported to codes a couple of months ago, but the drainage on my property is getting worse not better.

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Real Estate Law Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: The law describes this as a "nuisance" - this is a legal term beyond the normal meaning of just an aggravating situation. Take lots of pictures of the existing problem , and hopefully there are other witnesses in addition to you who can describe how the development of the subdivision has created the problem. This is the type of proof you will need in court to require the adjoining property owner to correct it. Consult an experienced litigation attorney for more specific advice.

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