Q: Can my neighbor add fill dirt on his property to prevent water run off to back up onto my land?
My neighbor put 3 or 4 loads of dirt on his property to prevent the water run off to back up onto my land. The dirt is not on the county right of way it is all on his land. This causes the water to back up on my land whenever it rains. It is a county road but I do not know who paid for the tile. I've been to my local road commissioners meeting and I've been to the mayor and county commissioners meeting to no luck getting this resolved. I really can't find any clear laws on the the ideal of what a land owner can or can't do when it comes to water run off and restricting or manipulation of water run off. Any direction would be appreciated.
I forgot to mention I live in Tennessee.
Thank you
A: From your limited facts, it sounds to me like your neighbor has created what's known as a private nuisance. His modification to his land has interfered with yours. You may need to sue him to abate the nuisance. Consult with local counsel to determine your options.
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.
