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Tennessee Environmental Questions & Answers
0 Answers | Asked in Environmental for Tennessee on
Q: I am in Castalian Springs and a spiteful neighbor has a boom cannon going off every 45 seconds. What can be done

Definitely a public nuisance, affecting hundreds of people. What legal action can be taken to stop the spiteful behavior?

1 Answer | Asked in Real Estate Law, Agricultural Law, Civil Litigation and Environmental for Tennessee on
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... Read more »

Anthony M. Avery
Anthony M. Avery
answered on Apr 8, 2020

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... Read more »

2 Answers | Asked in Real Estate Law and Environmental for Tennessee on
Q: What kind of lien can we place on neighbor's property? Pond built causes flooding on our property & foundation sagging

Neighbors down creek installed pond, now backs into our yard when it rains, they won't fix & now they are selling. We have lived in our home for 19+ years they built their home about 9 years ago then installed a pond in the middle of the creek, they changed the height & redirected the... Read more »

Anthony M. Avery
Anthony M. Avery
answered on May 2, 2019

You have probably already breached the three year property damage statute of limitation. No lien is possible without first suing them and getting a judgment. Although doubtful a competent attorney might be able to help you. There may be other causes of actions which two title searches and a... Read more »

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1 Answer | Asked in Agricultural Law, Construction Law and Environmental for Tennessee on
Q: Where would I find a law describing how I would get a permit to build a green way and other trails in my community?

I would like to build various trails on unused land that can not be accessed by roads and are owned by the government. Where would I look and how would I obtain a permit to build this in my community?

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2019

A starting point could be to contact the Tennessee Department of Environment & Conservation. They have a Knoxville Environmental Field Office.

Tim Akpinar

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Tennessee on
Q: I have a creek on my property, approximately 3-5ft deep, and I want to dig out a watering hole for livestock. Can I ?

I am currently in the process of fencing in an area that encloses a section of the creek on my property. The creek has a wide location where a secondary stream once ran around a dune, but now it's back down to the one main creek bed. I want to dig out the dune area, and open this naturally... Read more »

Anthony M. Avery
Anthony M. Avery
answered on Jan 1, 2019

Your downstream Landowners are the ones that might give you problems. If your pond stops the water flow of the creek beyond your property, then the adjoining Landowners may possibly sue you for Damages, an Injunction, Declaratory Judgment, etc. It may even be a benefit to the downstream... Read more »

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