Creek boundary line in Tn moving.

[xmarinevet]

What is the name of your state (only U.S. law)? Tennessee. I have a neighbor that is doing everything in his power to divert a creek onto my property. Both our surveys call for approximate points as the center line of the creek. Both surveys then go on to call for the center line of the creek to be the boundary line. Both surveys call for a certain acreage. Does the actual boundary line move as he forces the creek to move or can I have a surveyor set pins on the approximate points? I would like to establish an iron clad ownership area and post no trespassing signs. If he keeps doing what he is doing I could potentially loose 2 acres. I have emailed a couple surveyors but have yet to hear from them and the county elected officials didn't have a comment in regards to the matter.

 

[justalayman]

Even if the creek was not the boundary, one is rarely allowed to alter the path of s natural waterway. When doing do it almost always requires permission from the germain state's department that regulates such actions. I have not looked for the state entity that deals wit such issues but I would suggest you do so and contact them. That may solve the bulk of your problems with little to no expenditure by you.

Otherwise yes, seek a well skilled surveyor to establish the boundary line. Given a creek does change through time is can be difficult to make the line along with the acreage fit together. It can take a bit of Research by the surveyor to do so accurately. Make sure any surveyor you hire appears to be aware of the issues a wandering stream causes so they treat it properly.


Depending on what is happening it may behoove you to seek an injunction from the courts ordering the neighbor to cease any work that either requires permits or causes you damages.

 

[John Se]

He needs a permit from the federal government to work in the creek

He is working in the waters of the united states and the clean water act applies, He needs a section 404 permit. How much land are you talking relative to the size of your property? Generally he can take material away but cant discharge material into a waterway.