Carlton v. Hollon

Summary

The Alabama Supreme Court reversed a summary judgment entered for property owners in an action involving erosion, drainage, silt, and other discharge allegedly affecting adjacent property. The court held that a current landowner may be liable for failing to correct a condition created by a previous owner when the condition causes injury and the current owner has had a reasonable time to remedy it. The plaintiffs' affidavit and the defendants' admissions created a genuine issue of material fact requiring remand.

Holdings

1. A current landowner may be liable for failing to correct a condition on the land that was created by a previous landowner when the condition injures an adjacent landowner's property and the current landowner has had a reasonable time to correct it.
2. Summary judgment for the Hollons was improper because the plaintiffs presented substantial evidence creating a genuine issue of material fact as to whether the Hollons' failure to remedy conditions on their property caused injury for which they could be liable.

Questions Presented

1. Whether summary judgment was proper when the current landowners did not create the allegedly injurious condition but allegedly knew of the condition, failed to remedy it, and substantial evidence indicated continuing injury to adjacent property.
2. Whether the plaintiffs presented substantial evidence creating a genuine issue of material fact regarding the Hollons' liability for damage caused by conditions on their property.

Disposition

reversed_and_remanded