Q: I am a land owner in New Market, TN. My neighbor who owns the adjoining property has begun building a house above me.
They installed a driveway and a culvert under their driveway directing all water flow, mud , rock, etc. from their upper lot of 6 acres onto my land. Had they installed the culvert a mere 6 feet higher the flow of water and debris would have washed onto their own property. In years of owning our land there was no water flow what so ever in this area of the property. No "Natural Flow" onto my land in this area. The neighbor has had the excavator create a flow from the upper land where a house is being built and directed the water flow down the new driveway only a short distance through the land until it reaches our adjoining land then had the culvert cross under the driveway coming out directly aiming at my land instead of continuing down the 300 ft + driveway. It is causing wash out, sinking ground, mud, grass damage, rocks to be washed onto my land causing a path towards my future build site. What can we do?
A: That is a 3 year SOL for a property tort. You will need an engineering expert and contractors as witnesses to prove damages and the cause of action. Also a good lawyer. It has alot to do with how valuable your land is, as even a judgment for you will probably be appealed. A boundary line survey may be required. It will be difficult and expensive.
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