‘Pools really bad’: Family fed up with flooding

David Carter’s a U.S. Marine, but make no mistake, he’s no fan of water. Well, at least not when it floods his property.

“It rivers. It pools really bad,” he said.

>>CLICK HERE for more Action 9 reports

He and his wife, Sheneka Carter, live in Salisbury. Adams Homes is building the Kerns Ridge neighborhood behind their house. The site is actually one town over: East Spencer. The Carters say the only thing separating the construction site from their property is a black tarp.

“Everything was fine until they started building behind us, and now, when it rains, it pours,” Sheneka said.

The Carters say water came up high on their HVAC unit and even got inside their house.

“The carpet is completely soaked so we have to pull that up,” David said.

‘Pools really bad’: Family fed up with flooding

They say mud caked up on their patio.

“We’re a working family, we’re a hard-working family,” he said. “I don’t have the ability to go out there and fix the things that they’re causing.”

They say Adams gave them the runaround.

Action 9 attorney Jason Stoogenke messaged Adams through their website, called three numbers for them, texted them, and even hand-delivered a letter to their south Charlotte office, but no one replied in time for this report.

Stoogenke spoke with East Spencer’s town manager, who told him two things:

The actual developer is a company called Garden Street Communities, not Adams.
It’s a Rowan County -- not town -- issue.

So Stoogenke messaged the developer through their website and called. But, get this, their message actually said “Adams,” not “Garden Street Communities.” He left a message, but no one replied in time for this report.

Stoogenke also exchanged emails with Rowan County. They told him the county is responsible for erosion and sedimentation control measures, but not purely water runoff issues, that the state handles those both during and after construction and that this appears to be a runoff issue. So, he emailed the state and left a voicemail, but didn’t hear back in time for this report.

Here’s what you should know about your rights and runoff:

If the runoff is from the road, it’s a question for the state or city -- whichever maintains the road.
If it’s from houses still under construction, ask your city or county if the developer is following the erosion control rules. Just know, they may refer you to the state.

If the issue is with houses already built, it’s a private issue between citizens. Homeowner versus homeowner.

Start by asking the homeowner responsible for the runoff to address the situation.
As always, do that in writing.
Maybe you even want to offer to pay for some of the measures to address the problem.
If that doesn’t work, you can always talk to a lawyer to see if you have a winning case. Just know, these cases are hard to win.

In North Carolina, your neighbor isn’t usually liable unless he/she acted unreasonably.

The law in South Carolina is similar, except that it looks at whether your neighbor “artificially” diverted water onto your property and other factors.

You may want to talk to a lawyer if you’re not getting anywhere and feel free to contact Action 9.

VIDEO: Homeowners near Huntersville deal with water runoff