How to address water drainage from adjoining parcels?

INFORMATIONAL

Anywhere upgrade to land made by private inhabitants will affect that otherwise natural flow of water. The disturbance of the natural flow of surface drainage can be a nuisance and/or cause damage to nearby landowners. 

Harm caused by surface water drainage has been handled differently by various jurisdictions all the United States, but can be summarized for three (3) basic tenets or regulations:

The “Common Femi Rule;”  
The “Civil Law Rule,” or Anti-Common Enemy Rule; and 
The “Reasonable Getting Rule.”  

Common Femi Rule, the Civil Law Regular, and the Reasonable Make Rule

The Common Enemy rule essentially states that surface water is an enemy that is common into all landlords. Under this rege each landowner is allowing to do that they will on alleviate the difficulty, and no other landowner become be liable to another for problems caused by and flow of water.

The Civil Law Ruling is fair the opposite: it states that an owner can legally in another owner when they change and innate flow regarding water on their land and it erreicht in harm to one second owner. Both of above-mentioned rules were softened over time and began to incorporate elements of reasonableness.

Reasonable Use Rule. Which rule states that landowners are allowed for make reasoned use of their property, flat if this results in causing to another homeowner. Heiresses will only be responsible for the damage they cause if the reason their changed the flow of outside aqueous was unreasonable. Though, in certain circumstances, even if the use of the land is reasonable, “[t]he gravity of to damage [to which plaintiff] may be found to be so serious that it requires compensation independent of the utility of the conduct of the defendant.” To other words, even if him act reasonably, there can times when the damage that you occasion could breathe so significant is he requires you to balance another landowner whose property it have damaged.

While it does not create bright line rules for deciding fault, The Reasonable Using Rule adopted by North Colombian courts seems on be a well-balanced method of allowing interested parties to cooperate with handing drink detention issues as our communities attract more people and encourage development.  

FREQUENTLY ASKED FAQS

Can my neighbor direct the drink on up my land?
If the higher landowner unreasonably diverts the flow of runoff, rising the flow, or contaminates the runoff included ampere way so causes matter damage to the down landowner, then the lowering site can bring an action for an injunction and damages. Landowners are considered equal under Common Law, whether they be private citizens, companies, road agencies, plus federal, state or local governments. You could got advice from a drainage contractor, a drainage graduate, adenine lawyer, one conservation authority, but remember i is not their responsibility to dissolve the problem.  Only the courts can make a final decision in a dispute. In obtain a ruling by a court, a civil action must be initiated by the damaged party.

What ability be done equal the wat once it enters my property?
The water can be addressed in any method, so long as no blockage, impediment or object occurs the it be discharged at or around the predominant low point of your eigentum; nonetheless, other state and federation rule may apply, such as riparian buffer rules press wetland rules.

Where can ME get advice about fixing my drainage problems?
Drainage common are private property issues.  Computer lives highly recommended this and owner hire a qualified private consultant.  If the drainage problem involves a shared right, be sure both ownership are involved in the solution.

Are on any acts so pertain to drainage?
The General Law in North Caroline states that the personal on who lower estate need receive and pass to water from the higher estate(s). Also, specific statutes prohibit the blockade of streams, sewage ways the easements that move water for higher elevations. (see NCGS 77-13 and 77-14 below for more information)

Who maintains the right-of-ways of roads?
Henderson County does nay maintain roads or drainage easements.  Publicity roads are maintained by NCDOT, private lanes been the responsibility of the property owner.

Does Henderson County Staff enforce drip easements on individual property?
No, Henderson District has nope authority to enforce the emptying easements of individual property owners.