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:
- State: North Carolina
Answer:
A landowner must prevent nuisances that negatively affect neighboring properties. A nuisance is a significant interference with someone's ability to use and enjoy their land. This can arise from intentional, negligent, or hazardous actions. If your neighbor's pool drainage disrupts your enjoyment of your property, it could be grounds for a lawsuit seeking damages or an injunction to stop the nuisance.
Trespass may also occur if your neighbor's actions intentionally or negligently divert water onto your property. This includes water runoff from their property that impacts yours.
If you seek an injunction, you must show that without it, you would suffer irreparable harm, the injunction wouldn't cause significant harm to others, and it would serve the public interest. Courts typically require proof of a strong likelihood of success on the merits of your case.
Consider contacting your homeowner's association to discuss implementing restrictions on pool coverings to prevent similar issues in the future.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.