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Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Im a resident of NC. I live on a golf course. There is

This answer was rated:

I'm a resident of NC.

I live on a golf course. There is a man-made pond in the fairway behind my home. After heavy rain the pond overflowed. The pond water ran down into my yard, destroying lancdscaping, filling my crawlspace with 2 feet of water, and flooding my garage.

I believe they are responsible, being a man-made excavated pond.

I'd love your opinion.

Thanks

Hi, Pete, My name is XXXXX XXXXX I will be assisting you with your question today. My goal is to provided you with Excellent Service,

 

I am sorry to hear about the flooding of your property,

 

Every property owner has a right to the quiet enjoyment of their property and to alter or change the natural landscaping of their property, as long as such alteration or change does not cause damage to adjoining property.

 

If the pond were not manmade, but rather was a natural feature of the golf course, there would probably be little that you could do about the flooding onto your property and damaging your basement or any other structure. However, that is not the case here. Here, the pond was manmade to accommodate the needs of golfers. Therefore, the owner(s) of the golf course, whether they are an individual or a corporation, owed you a duty to see to it that their alteration of their landscaping did not interfere with your enjoyment of your property and also that it did not cause damage to your landscaping or cause damage to any structure on your property.

 

You should notify them in writing and send them at least two estimates for the repair of the damage done by their pond flooding. I hope that they are reasonable and agree to pay for all necessary repairs caused by the flooding of their pond and to do something with the pond so that you do not suffer the same damage again. If they do not cooperate, you will have to file a lawsuit to assert your rights, but do not worry because this is a case where there is no question of their liability to you,

 

I wish you the best,

 

________________________________________________________________

 

 

If I have not Answered your question completely, please use the "Reply" button to let me know and I will be glad to explain further,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

Hi, Pete,

 

I see that you have had the opportunity to review my Answer. Is there something that I can clarify for you? If not, please be kind enough to rate my service to you so that I can receive credit for researching your question and furnishing you with Answers and information, otherwise, I will not receive credit for assisting you, and that would not be fair to me. The deposit you made is with JustAnswer and it will not cost you anything additional to rate my service to you, but without a rating, I do not receive credit for my time and effort. Thank you for understanding,

 

____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Andrea, Esq. and other Real Estate Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks for your answer.

Does it matter that the pond was there before my house (4 years)was built?

The golf course was built knowing there would be homes built on the fairways.

Also, I believe the club would cover damages without a filing suit if I could show them the NC law/statute that covers this. Any idea on how I could find that

Thanks

Pete

Let me see what I can find, Pete, and I will be back to you,

 

 

ANDREA

Customer: replied 4 years ago.
I got an email from customer support saying Just Answer needed more info for me. Do you need anything?

It does not matter that the pond was there before your house was built. It matters that the gold club made the pond - it was man made and the result is that it damages property around them.

 

Contrary to what most people think, we do not have laws for every possible contingency and there is no Statute for your particular situation. Their liability is based on a negligence theory,

 

___________________________________________________________________________-

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA