Browse Forums General Discussion 1 Aug 14, 2013 2:31 pm I have a problem with my neighbour. She is one of those neighbours that complains to everyone about everything and makes people pay. Anyway the problem is the very top corner of my yard. We are on a slope. During a downpour water runs from the neighbours behind me through the back of my fence, and then across diagonally into her yard. It doesnt affect me as such, but runs into her yard and floods it. Its way away from my house, just the very top corner. So she wants ME to build a drain or something, and pay for it, she will only pay half if she can be **assured it** will fix the problem. Yeah she wants assurance from mother nature the problem is not ME. its a hill, water runs down it, through my property and into hers. i am not the cause. If anything it could be from downpipes from the neighbour behind me. I have been told by council to tell her to take it up with the people behind me, but she bullies me over all sorts of things, like ive removed 5 trees along her side just to shut her up over the years. She bullies the neighbours on her other side too over trees, or thinsg that annoy her. She is just one of those people. Am i responsible for natural runoff that is running through the top corner of my yard from another property uphill? Its a public holiday and i cant find anything out, everything is closed. Re: Water Runoff and my horrible neighbour 2Aug 14, 2013 9:10 pm Are you spamming? I just read this on the Whirlpool forum. Re: Water Runoff and my horrible neighbour 3Aug 14, 2013 9:12 pm No i was just desperate for an answer. I posted this here hours ago and had no replies, so when i was googling about water runoff, i saw whirlpool and decided to try there. No spamming, just fed up and desperate Spamming is advertising btw. Re: Water Runoff and my horrible neighbour 4Aug 14, 2013 9:34 pm Just tell her you won't do it and leave it at that, don't provide a reason or engage any further with her. I know similar people, they get fixed on one item and hound you about it till you comply. Trouble is once you have done what they want they will find another minor issue to hound you over. Sorry, the worst you could have done is take down those five trees, she probably now sees you as an easy target. Just be polite but give her a final NO for everything she asks for be it a drain or a cup of sugar. http://camdenbuild.blogspot.com.au/ by invite only please pm me Re: Water Runoff and my horrible neighbour 5Aug 14, 2013 9:42 pm Yeah, she is just one of those people, you are right if its not one thing its another. I just dont want her to start getting lawyers, thats why i am trying to find out whether water coming from another property into mine and then into hers is actually my responsibility or not Re: Water Runoff and my horrible neighbour 6Aug 14, 2013 10:36 pm So long as all your works have proper approval I don't think you're responsible. I'm sure she'll mention lawyers, council etc etc but it'll be all talk. If you are really worried start with a chat to council. http://camdenbuild.blogspot.com.au/ by invite only please pm me Re: Water Runoff and my horrible neighbour 8Aug 14, 2013 11:05 pm sorry to say that - but everyone has to retain water in their own property. If water from your property is going into his property, it is your responsibility to stop water going in to hers. similarly you can ask your next door neighbour to retain his water into his property. this is law in WA - don't know which state you are in. Re: Water Runoff and my horrible neighbour 9Aug 14, 2013 11:21 pm http://www.lawhandbook.org.au/handbook/ch10s02s06.php The law concerned with drainage of water is to be found in the Water Act 1989 (Vic) ("Water Act"). Under this Act, you are allowed to do things on your land which let water flow onto your neighbour's land in a "reasonable manner" (s.16). If you interfere with the reasonable flow of water or, by negligence, interfere with a flow of water in a manner which is "not reasonable", you must pay for any damage caused to your neighbour. In deciding what is "reasonable", the factors that will be looked at include the following:
"ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Water Runoff and my horrible neighbour 10Aug 15, 2013 9:11 am IN NSW the homeowner is responsible for water runoff from the roof being directed either to the councils kerb and gutter or to an approved absorption trench. Rainwater that hits your ground or flows from neighbouring properties across your land to another is not your responsibility. If you had a large driveway or other non-natural ground then you are required to direct this away from neighbouring properties as well. Stewie Re: Water Runoff and my horrible neighbour 11Aug 15, 2013 10:55 am From the NSW Law Handbook http://www.legalanswers.sl.nsw.gov.au/g ... hbours.pdf Water flowing from one block of land to another due to natural situations and events (such as the slope of the land, rainfall or floods) does not normally raise legal issues. Where legal action may be possible An occupier may have a right to take legal action for compensation if a flow of water is the direct or indirect result of a neighbour’s activities, and it causes damage. Examples of a neighbour’s actions that can lead to damage include: • a deliberate act (for example, a neighbour deliberately directs a hose onto the land), in which case the flow is a trespass • ongoing activity that could come into the legal category of nuisance (for example, a sprinkler, or construction work that interferes with or redirects a natural watercourse onto neighbouring land) • negligence (for example, because of the careless construction of a tank). http://camdenbuild.blogspot.com.au/ by invite only please pm me Re: Water Runoff and my horrible neighbour 12Aug 15, 2013 11:38 am It sounds to me as if you are the middle man in all of this. I would tell her that you are not paying to install a drain, but that you will speak to the neighbour behind you about controlling their water overflow, which if they do, should in turn eliminate her problem. Then if she wants to she can speak to them directly as well. Re: Water Runoff and my horrible neighbour 13Aug 16, 2013 12:00 pm I would direct her to speak to the neighbour behind as well, not your problem This certainly doesn't look good. I would be engaging with an independent inspector to have a look at this. As for the unscheduled site visits, most builders are quite… 1 28290 Grab a hose, insert it at the top of the inlet/down pipe and turn the water on and see where the water is escaping from. Then you'll know. 3 8454 I want to build a decking to the drawn shape outlined in black. The problem is how close can I build to the gas hot water unit? Will I be able to build around it and be… 0 20220 |