After the flood....

[commentator]

What is the name of your state (only U.S. law)? Tennessee.

Where we just had the flood of the ..not century, millineum they say. We were lucky, we live at the top of a hill, were not flooded. But our entire gravel driveway, which is shared by us and a neighbor halfway down the hill, washed off into another down below neighbor's back yard. About 100 yards of what used to be lawn below our hill is now lawn and re-hardened gravel which was all the gravel that was on this drive. The only reason it did not rush through the house itself was a small retaining wall which diverted and spread it around beside the house. But their back yard is pretty much covered with our gravel.

The rest of their yard had floodwater in general, got debris from who knows whos yards and homes and driveways, but because this was defintely our gravel that's in back of their house, are we're liable for the re-doing of these people's back yard? Cost divided between the two residents on the driveway?

If it had swamped their house, as it almost did, would we have been liable for the repair of damage to their home?

 

[JETX]

If it had swamped their house, as it almost did, would we have been liable for the repair of damage to their home?

Likely would have been seen as 'an Act of God' and not liable.

 

[NC Aggie]

I doubt any court would hold you liable in either instance. This was considered an act of God and unless you could have done something to prevent your gravel from being washing downhill (you can't) then there's no liability on your part.

 

[commentator]

In the past, these people had complained mightily about our gravel washing into their yard (until the great flood came, they didn't have a clue what might happen in terms of gravel in your yard!) and our lower drive mate had paid for the building of a berm to hold back the gravel several years ago. In the flood, it filled up, gravel burst over the top of it, the water completely innundated its capacity to hold gravel, actually tore it apart.

But until now, when a few shovelfulls of gravel would get over into their yard, one or the other of us would always shovel or scrape it back onto our driveway, take responsibility for it. Now they just assume we'll happily either pony up for a huge team of shovel ready laborers or hire heavy equipment to come in and completely scrape off the gravel and re-sow their yard.

Does the fact that our driveway is an easement through the lower lot property have effect on this or make us more liable?

In more normal times, I accept we have responsibility to keep our gravel out of their yard. It is my thought that this is a once in a lifetime situation, and we really had no negligence in the situation, could not have prevented it in any way.

All the heavy equipment around the area is going to be busy for months taking care of much more serious flood damage, and as for taking us to court.. I doubt there would be much sympathy around here these days for messed up back yard landscaping.

 

[csi7]

The results of the flooding would probably be considered an act of God.

The neighbor that is the lowest has a responsibility, now that they are aware, to build a berm or barrier to prevent washout from road entering their property.

It is not your responsibility to remove gravel that washes onto their property.

I would suggest having a consult with an engineer to determine the best way to minimize gravel washing in that direction.

 

[alligatorob]

Not sure about your flood but in Florida after the hurricanes of 04/05 it was pretty clearly established that debris and the damage it caused was the responsibility of whoever it hit or ended up on, and not where it came from. And as a practical matter that is pretty much how it has to work, IDing debris is often pretty tough.

That did not keep a lot of neighbors from working together though. Our deck ended up in the front yard next door and the roof and most of the cinder blocks from our outbuilding ended up across the street. We helped both neighbors clear the debris, even though we did not believe we were legally obligated to. If your neighbor had a lot of damage and you did not, I think the right thing to do would be to help them out as best you can.