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My neighbors driveway is on my property line and it is flooding my house!

Posted on : 06-19-2008 | By : askinglaw | In : Other Legal Topics, Real Estate Law


I just bought this house 2 years ago, I went down to my dirt basement to find that it was flooded, I found out where all the water was coming from. My neighbor’s drive way, every time it rains hard there drive way flood’s my basement. I asked the neighbor if they can put a ditch or something to contain there water. they blew me off and ignored me! after 2 months and nothing being done, I went out to the side of there drive way and dug a ditch to deflect the water. They got mad at me for digging the ditch and thought I did it on there property, so they had a survey done. Well come to find out more than half of there drive way is on my property line. The owner told me he doesn’t need to move it he bought it that way. But It is a add on drive way on my property. Can I make him move it? My house was built in 1952 my neighbor’s was built in 1997, also I checked with code dept. they told me a drive way needs to be 5 feet from property line, that’s most of his drive way the part on my property and then his 5 feet from the line! This is in Tn. Thank you, Kevin

Answers (2)

If his driveway is on your property line he needs to make the fix. The code is correct. It is very much like putting up a fence. There are certain codes that are set in place that the owner must abide by. He also hasn’t been living there long enough for his home to be “grandfathered” in. I would call your local town and have them come out and draw out your property line. If your neighbor does not make the fix you certainly have some sort of legal recourse against him.

The problem is that his driveway is causing your basement to flood. I would contact a real estate attorney in your area if your neighbor is not proactive and fixes the problem.

Mike is correct if zoning was in place at the time their home was built,their surveyings were incorrect, the zoning (code officer)couldn’t verify measurements,because of surveyors mistakes planning commission and engineering should have verified soil and water run-off for environmental impact.This may have prevented your water problem .Excavation should have been done in compliance with federal and local regulations at that time.Bottom line your neighbor is responsible for any damage done to your property, do to their negligence, OH YES THEY DO HAVE TO REMOVE THE COMPLETE DRIVEWAY TO COMPLY WITH THE CODE,OR
SELL THEM THE PIECE OF LAND. But make sure the excavation is taken care of, you don’t want a MOLD problem developing from the water in your basement.Your neighbor may want to get a second or third job so they can get started on the progect at hand.

Good Luck Kevin

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