Q: Does Tennessee law require new residential construction to contain water runoff or make provisions for such?
I live in a private community subdivision and a certain builder has been constructing new spec homes without any provisions for containment or diversion of water runoff but the obligitary silt fence. Considerable runoff from these new construction sites has been flooding and damaging existing next door properties, including my own yard. The community POA has refused to act declaring that this is a dispute between private property owners. I am more inclined to believe that this builder is in violation of the state building code by not creating a runoff containment/diversion plan as part of the building permit. As this is a private subdivision, the county inspector has said that the community has been granted overseeing rights to the building permits. Is it possible to circumvent state building regulations like this?
A: Unless the affected property owners sue in Chancery for an Injunction and possible Damages, there is no deterrent to the builder. Such a suit is expensive and you will probably need an Expert Witness. And you could easily lose. This is always a problem with subdivisions with such small lots.
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.