Lease Properties, Inc. v. Shingleton

MORRIS, Judge.

In our opinion the evidence in this case simply shows that the plaintiff paved a portion of its tract and thereby increased the flow of water onto defendants’ land. There is no evidence of any diversion of surface water by the plaintiff. As we noted in Apartments, Inc. v. Hanes, 8 N.C. App. 394, 399, 174 S.E. 2d 828, 831 (1970), cert. denied 277 N.C. 110 (1970) :

“It is well established that while neither a corporation nor an individual can divert water from its natural course

*290so as to damage another, they may increase and accelerate its flow. Rice v. Railroad, 130 N.C. 375, 41…