Legal Question in Real Estate Law in North Carolina

I live in nc, and bought my house in 2010. My neighbor has lived in his for 5 yrs. His lot is situated lower than mine amd behind my lot is a hill owned by the hoa. He recently.tells me that his yard is being flooded by "my" water and i have todo.something about it. My lot is the same as it was when the subdivision was developed, i havent made any alterations of any kind. How can this be my problem? He is threatning to sue if i dont fix. Most of the water comes from the hill behind my home that isnt even mine it just comes across my yard. So all of a sudden hes not happy with the layout of his lot and wants me to make it to his liking! Can he sue me? Or is it frivolous? Thanks


Asked on 2/03/12, 9:14 am

1 Answer from Attorneys
Rachel Hunter

Anybody can sue anyone else at any time for any thing. Can he sue you? Yes. Are you liable? Probably not based on the facts and circumstances you have related. If there truly is nothing that you have done to your property to alter the water flow then there is nothing that you can do. Water coming from a hill on adjoiniing property is not your problem. Since there is an HOA, many communities have something in the declaration and covenants and the property owners cannot significantly do anything to disturb the drainage and these matters are the responsibility of the HOA. This matter obviously needs to be brought to the attention of the HOA and if there is indeed a problem, they may need to fix this, not you.

However, I would review your declarations and covenants and consult a real estate litigation attorney in your area if need be.

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Answered on 2/03/12, 10:39 pm


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