Legal Question in Real Estate Law in North Carolina
My neighbor has landscaped his backyard to the point that his backyard is higher than mine and thus is impeding the natural flow of rainwater from my yard to his. This causes my backyard to flood everytime there is a heavy rain. The flooding is so bad at times that it seeps into my garage. The neighbors yard on the opposite side of me is a little higher than mine and the neighbors yard next to her is a little higher than her yard. So, when it rains, the water is supposed to flow from the upper level yards to the lower level yards. But that natural flow is now impeded where my yard borders with my neighbors. What is my best legal recourse in this situation?
1 Answer from Attorneys
If you have a good relationship with the neighbor, talk to him and explain the problem and see if there is a way for him to change his landscaping in a way so as to solve the problem.
The rule in NC is that you cannot alter your land so as to flood your neighbor and if what he has done to his yard is causing harm to your yard then there may be a case here.
You will need to get a soil/water engineer to evaluate your property and the neighbor's property and come up with solutions. If the neighbor is unwilling to pay for changes
If you cannot talk to the neighbor, then get a general civil litigation/real estate litigation attorney. You are still going to need the report of an expert to point out what needs to be done and cost. The lawyer can try to write to the neighbor and if that fails you will have to sue.
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