Asked in Land Use & Zoning for Tennessee

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

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1 Lawyer Answer
Bennett James Wills
Bennett James Wills
  • Real Estate Law Lawyer
  • Brentwood, TN
  • Licensed in Tennessee

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.

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