Can Ii Prevent Water From Neighbor's Land Coming Onto My Property?

Full question:

My neighbor behind me built an in ground pool that doesn't have a cover. During the fall and winter it accumulates the rain and snow. The additional water is eventually released from the pool by way of the pump. The water then travels from the back of the lot to the front on my neighbors land that is next door to me. As it reaches the front it eventually pours onto the sidewalk where it suddenly begins to bottleneck. The bottleneck is caused as a result of the grass area along the curb that slows it down before running into the street. At that point it starts to back up on my front yard. Also, during the freezing weather my sidewalk turns to ice. The sidewalk is owned by the home owners association. Once the water touches my property directly from the sidewalk is that a violation of encroaching on my property and is the icy sidewalk a nuisance. What rights do I have, etc.

• Category: Real Property
• Subcategory: Neighbor Relations
• Date: 04/07/2025
• State: North Carolina

Answer:

A landowner has a duty to prevent nuisances which might adversely affect the property of an adjoining landowner. A nuisance is a substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultra hazardous in origin, and must be a result of a defendant's activity. If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to stop or limit the activity. Abatement of a nuisance may involve elimination of a nuisance by removal, repair, rehabilitation or demolition. Liability to an adjoining landowner for injuries resulting from the improper use of one's property has been founded upon the legal theory of nuisance.

Trespass may also occur when a neighbor diverts water onto the property of another. An action for trespass exists when there is an intentional or negligent intrusion onto or into the property of another. The concept of trespass includes trespass by water.

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that

(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.

I suggest contacting the homeowner's association regarding passing a restriction requiring coverings on pools.