156-9. No drain opened within 30 feet.
The proprietor of any swamp or flatlands through which a canal or ditch passes shall not have a right to open or cut any drain within 30 feet thereof but by the consent of the owner. Such proprietor, however, and other persons may cut into such canal or ditch in the manner hereinafter provided. (R.C., c. 40, s. 8; Code, s. 1304; Rev., s. 3989; C.S., s. 5268.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 1 - Jurisdiction in Clerk of Superior Court.
§ 156-1 - Supplemental proceeding.
§ 156-2 - Petition filed; commissioners appointed.
§ 156-3 - Duty of commissioners.
§ 156-4 - Report and confirmation; easement acquired; exceptions.
§ 156-5 - Width of right-of-way for repairs.
§ 156-6 - Right of owner to fence; entry for repairs.
§ 156-7 - Earth for construction of dam; removal of dam.
§ 156-8 - Earth from canal removed or leveled.
§ 156-9 - No drain opened within 30 feet.
§ 156-10 - Right to drain into canal.
§ 156-11 - Expense of repairs apportioned.
§ 156-12 - Notice of making repairs.
§ 156-13 - Judgment against owner in default; lien.
§ 156-14 - Subsequent owners bound.
§ 156-15 - Amount of contribution for repair ascertained.
§ 156-16 - Petition by servient owner against dominant owner.
§ 156-17 - Commissioners to examine lands and make report.
§ 156-18 - Cost of repairs enforced by judgment.
§ 156-19 - Obstructing canal or ditch dug under agreement.
§ 156-20 - Right of dominant owner to repair.
§ 156-23 - Easement of drainage surrendered.
§ 156-24 - Obstructing drain cut by consent.
§ 156-25 - Protection of canals, ditches, and natural drains.
§ 156-26 - Procedure upon agreement.
§ 156-27 - Recovery for benefits; payment of damages.
§ 156-28 - Notice to landowners; assessments made by viewers.
§ 156-29 - Report filed; appeal and jury trial.