Drainage Law

Smoky Mountain Paralegal Association

This presentation demystifies the complex, judge-made rules governing surface water and stormwater runoff in Tennessee. Participants will move past the myth that “it’s just weather” to understand the precise boundaries of civil liability when water crosses property lines. By the end of this hour, attendees will be able to spot high-risk drainage alterations, understand the legal rights of both upstream and downstream neighbors, and implement risk-mitigation strategies before breaking ground on any project.

Session Agenda: November-Agenda.docx

Learning Objectives:

1. Adherence to the Natural Flow Rule
Tennessee broadly follows the “Civil Law” or “Natural Flow” rule regarding surface water.
• The Obligation: Downstream (lower) property owners are legally burdened with a “natural drainage easement”. This means they are required to accept the surface water that naturally flows onto their land from higher, upstream properties.
• The Restriction: Lower landowners cannot construct dams, walls, or obstructions that block this natural flow and force water back onto the upper landowner’s property.
2. Prohibition on Artificially Altering Water Flow
While higher landowners have the right to natural drainage, they are strictly prohibited from unnaturally collecting, channelizing, or accelerating water onto lower properties.
• Liability: If an upper landowner grades their land, installs pipes, or builds structures (like large sheds or paved areas) that artificially increase the volume, velocity, or direction of water runoff in a way that damages a neighbor’s property, they can be held strictly liable.
• Legal Action: In Tennessee courts, wrongfully interfering with natural surface water drainage and causing adjacent flooding is legally classified as an actionable nuisance or trespass.
3. Application of the Reasonable Use Rule
To prevent the Natural Flow Rule from completely halting necessary land development, Tennessee courts apply a “Reasonable Use” modification.
• The Balance: A landowner is permitted to make reasonable changes to their property’s drainage patterns, provided those changes do not cause unreasonable or foreseeable harm to neighboring lots.
• Court Evaluation: If a drainage dispute goes to court, judges will weigh several factors to determine liability:
• The necessity and utility of the land alteration.
• Whether the project was completed in a non-negligent manner.
• The balance between the benefit to the altering landowner versus the severity of the damage caused to the neighbor.

CLE Hours = 1 Substantive