I'm not sure what the correct section would be to post this- so sorry if it should be elsewhere.
I'm trying to track the relevant laws/ regulations and who enforces them in South Australia for the following:
1. Neighbour using boundary fence as a retaining wall + it being pushed over.
2. Neighbour has substantial cobblestone area on the other side with no surface water drainage.
3. Drainage water in heavy rain comes through soil/ under the fence and pools against my house.
I've found info on the fencing side of things here
http://www.lsc.sa.gov.au/resources/fenc ... 20size.pdf - that says
Quote:
Damage
Either party may use the fence to support a trellis, grow a creeper or provide shelter for plants etc, provided they do not damage the fence. If your fence requires repair or replacement because of things your neighbour has done, for example, damage by a car or animals, or soil build up, your neighbour should pay for this fencing work. If they refuse to pay, you can arrange for the work to be done using the Fences Act procedure.
So that's pretty clear.
But who in SA handles issues like the requirement for them to install a retaining wall and drainage? The local council or someone else?
(I'd like to know some facts before approaching them regarding rectifying this issue. As it stands my house's slab has suffered and I'm looking at expensive repairs- but need to get the source of the problem sorted first.)
Okay, lots of searching has found the following regulations applicable for South Australia on the Legal Services Commission website.
The following section is for matters regarding Neighbours
http://www.lawhandbook.sa.gov.au/ch31.phpFrom the above page:
Common questions about fences:
http://www.lawhandbook.sa.gov.au/ch31s02s04.phpFence Act forms:
http://www.lawhandbook.sa.gov.au/ch31s02s06.phpBoundary location disputes:
http://www.lawhandbook.sa.gov.au/ch31s03.phpRetaining walls:
http://www.lawhandbook.sa.gov.au/ch31s04.phpWater:
http://www.lawhandbook.sa.gov.au/ch31s10.php
Good on you for posting up those links murcod.
It makes it easier for someone doing a search on the forums for similar matters and even though it is SA specific I am sure other states would have similar laws.
Stewie
No worries. It took some time, but I found most of what I wanted.
Who enforces them eg. are those regs covered by local Council building laws -I'm still working on. I sent the question to my council and will give them a couple of days to respond before I give them a phone call.
If it contravenes council bylaws , then they are the ones who should enforce it. That's what happens around here anyway. You will have to make a formal complaint so they can act on it though.
Stewie
1. Neighbour using boundary fence as a retaining wall + it being pushed over.
2. Neighbour has substantial cobblestone area on the other side with no surface water drainage.
3. Drainage water in heavy rain comes through soil/ under the fence and pools against my house.
Just to cover your bases, the state of ground before any site cut determines responsibility for who requires a wall and thus, who requires adequate drainage. If they have not filled with soil (cobblestones are free-draining) and if the ground naturally sloped to you (likely if they are higher) they are probably under the impression that it is and always has been your problem.
Of course, if they've just filled up and created a runoff issue, then yeah it's entirely their fault.
Some pics would be great.
Their house was the last built on the street. So the boundary fence would have been in place before they built. Our place has been cut in on our side and a moss rock retaining wall was built. The landscaping on their block has been done and the fence used (at varying depths) as a retaining wall. So they have filled the area with soil and there's a very large area covered with cobble stones (which the water runs off- they're far from "free draining" during medium to heavy downpours.) The boundary fence has been pushed sideways, plus is tilted over angled towards our place. A few years back it looked like they were going to pay someone to fix it- but instead they just re-laid the cobblestones hard up against the leaning fence, pushing it over further.
Quote:
Water
Generally legal liability does not attach where water flows naturally across a boundary (as a result of rain, floods, or the slope of the land). If the flow of water is caused directly or indirectly by a neighbour's activities, the occupier may be able to take legal action to stop it happening again and for compensation for any damage caused. A drainage easement (normally registered on the land title documents) gives a person the legal authority to direct water onto another's land.
If there is no permission an occupier has a right to sue:
where the flow is intentional (that is, a trespass), for example, if a neighbour deliberately directs a hose on to the occupier's land
where the flow is caused by the neighbour's negligence and it causes damage, for example, because of the careless construction of a tank or dam, or leaving the hose on
where the flow occurs as the result of another activity and constitutes a nuisance - for example, through a fixed garden sprinkler, overflowing drains and downpipes, running taps, modification of normal watercourses, or the cementing of large areas.
Damage to the fence is covered here:
Quote:
Damage or removal of a fence
If a fence is damaged or destroyed because of the wrongful act or negligence of one owner, that person is liable for the cost of repairs [Fences Act 1975 (SA) s 16(2)]. In this case, the adjoining owner can have the fence repaired and claim the cost as a debt in the Magistrates Court.
I'm going to get an engineer in to write a report.
Hi
This is an old topic but we are sitting with the exact same problem in Adelaide & trying to find out where to get advice. I see you had to get an engineers report for the collapsing fence. I would be very interested to know the outcome, who you used, cost etc.
Thanks.