Neighbor Put Up a Fence on My Right-Of-Way

[misskathleen52]

My question involves an easement in the state of: Tennessee
My road right-of-way is 25 feet from the center of the road in my deed. My neighbor put up a fence for his cattle and goats on the right-of-way, which blocks me from the flowing creek. Also he put 2 huge logs in the right-of-way to stop the flow of rain water into the creek. Now the water flows in my yard. If I remove the logs, he just replaces them, hoping to flood my yard and house. Can I keep removing the logs or will I get arrested? Is the fence legal? Do I have a right to use the creek if its within 25 feet from the center of the road?

[Mr. Knowitall]

My road right-of-way is 25 feet from the center of the road in my deed.

Okay... this would be for vehicle and pedestrian ingress and egress.

My neighbor put up a fence for his cattle and goats on the right-of-way, which blocks me from the flowing creek.

Why do you believe a "road right-of-way" should entitle you to access "the flowing creek" on your neighbor's land?

Also he put 2 huge logs in the right-of-way to stop the flow of rain water into the creek.

Do the logs interfere with your use of the right-of-way?

Now the water flows in my yard.

Are we getting to a point where you tell us that your question actually has nothing to do with fences or rights-of-way, and is actually about whether your neighbor can change the way water runs off of his land? If your neighbor has changed the natural flow of surface water, and thereby has created a nuisance in relation to your property, you can sue him and ask that he be compelled to stop.

If I remove the logs, he just replaces them, hoping to flood my yard and house.

Have you guys been playing this childish game for a while now? He puts the logs on his land to diver the water, you huffily move them off, he moves them back, you move them off, each getting angrier but accomplishing next to nothing?

Can I keep removing the logs or will I get arrested?

They're his logs on his land? They do not interfere with your right-of-way road access?

Is the fence legal?

You haven't given us any evidence as of yet that it's not properly constructed and up to code, or that it interferes with your road access.

Do I have a right to use the creek if its within 25 feet from the center of the road?

A right of way for a road is not a right of way for a creek.