Atlanta, GA asked in Real Estate Law, Agricultural Law, Civil Litigation and Environmental for Tennessee

Q: Is a neighbor’s man-made lake allowed to drain on my property? He is at a higher elevation. Tipton County, TN

The lake was built a long time ago before my house was built. When we moved in three years ago, the water was not draining onto our land. Within the last two months, it looks like a river rushing down the side of our property. They refuse to fix their overflow drainage pipe that used to divert water away from our property.

1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Most likely you have no legal recourse. Unless the overflow pipe was recently damaged and now is destroying your property, I see no cause of action. You might file for an Injunction in Chancery because of the continuing Property Tort. But if it is not causing a massive loss of dirt from the loss of adjacent soil on the other's land, I believe you will lose. You do have a right to Adjacent ground support at your Boundary.

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