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Property Law Keyed to Kurtz
Hendricks v. Stalnaker
Citation:
380 S.E.2d 198 (1989)Facts
Walter Stalnaker owned approximately 10 acres of land in Lewis County, with most of it disturbed by a former strip mine. In 1985, he built a home on a portion of the tract and had two water wells dowsed. The first well, located behind his house, produced poor quality water due to its proximity to a former strip mine. In January 1986, after learning that the Hendrickses were planning to install a septic system near his property line, Stalnaker quickly obtained a permit and drilled a second well near the property line. The Hendrickses, who had purchased adjacent land in 1984 for a home site or trailer development, were subsequently denied a Health Department permit for their septic system because it would be within 100 feet of Stalnaker’s well. Due to the hilly terrain and a pond on their property, the Hendrickses had only one viable location for their septic system. The Hendrickses installed a septic system without a permit in January 1987 but left it inoperative pending the outcome of their lawsuit claiming Stalnaker’s well constituted a private nuisance.
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