Browse Forums Building A New House 1 Feb 15, 2023 12:14 pm Hi All, Hope you all are doing well! We have finally got close to starting the build on our block of land in Brisbane. However, neighbor's storm water is coming onto our block (refer attached image) and the builder has refused to start the work until that's sorted penalizing us for the delay in return. Long story short, neighbor's (old high set home) storm water got drained (as per them) via rubble pit on their lot to the previous house's drainage on our block of land. That house was removed by the previous owner/investor who sold the land to us. So, they requested us to connect their outlet to our drainage when we start the build. However, recently they replaced their drainage pipes and dug a trench under the fence onto our block of land and connected a pipe under the trench to drain their water onto our block. It's hard to get hold of them. It has taken us 2 years to reach this stage (i.e. starting the build) and we can't afford further delays. Any suggestion to handle this please? TIA Re: Storm water drainage in Brisbane 2Feb 15, 2023 8:03 pm Trace the line back to the boundary line, cut it off at the boundary, plug it with concrete. We are Expert Consultant's, and we are here to help. Re: Storm water drainage in Brisbane 3Feb 15, 2023 9:32 pm they need an easement, without it they can’t drain across your land. You could approach council for guidance and burden your land with an easement, your neighbour would have to pay you for the loss of value of your block and legal and construction costs. Under some circumstances a court might grant an easement if you cannot negotiate it. If the neighbour has no other drainage options then it might be the best option. Re: Storm water drainage in Brisbane 4Feb 16, 2023 9:03 am BuildingandLegal Trace the line back to the boundary line, cut it off at the boundary, plug it with concrete. Thanks for the advice. Is that legal to do? Worried that might block the outlet of water and break the pipe. In that case the water would still flow onto our side since our block is lower. Re: Storm water drainage in Brisbane 5Feb 16, 2023 9:05 am Pulse they need an easement, without it they can’t drain across your land. You could approach council for guidance and burden your land with an easement, your neighbour would have to pay you for the loss of value of your block and legal and construction costs. Under some circumstances a court might grant an easement if you cannot negotiate it. If the neighbour has no other drainage options then it might be the best option. Thanks but no question of easement. They can drain onto the kerb as per council’s website. Re: Storm water drainage in Brisbane 6Feb 16, 2023 10:30 am They don't have any rights to your property, their stormwater line is illegally discharging onto your property, no right of way..no easement. Stormwater is required to be connected to a legal discharge point (kerb, or stormwater line 'Council") or disposed of on-site, not run into your neighbours block. If they are hard to get on too, what option do you have? What would their argument be? "Your Honour, we're Sueing our neighbour because they cut off our illegal access to their property, where we are sending all our stormwater, as they wanted to build a house...the hide of them!" We are Expert Consultant's, and we are here to help. Re: Storm water drainage in Brisbane 7Feb 16, 2023 12:14 pm Ash19 BuildingandLegal Trace the line back to the boundary line, cut it off at the boundary, plug it with concrete. Thanks for the advice. Is that legal to do? Worried that might block the outlet of water and break the pipe. In that case the water would still flow onto our side since our block is lower. id be careful doing this. While the law is on your side at the moment, any negligence on your behalf, like plugging pipes could result if claims against you if there are damages suffered on their end. Same as if you killed a tree who's roots were causing problems on your side of the fence and the tree fell on the neighbors house causing damage. This could go both ways. Given they are hard to contact, go through legal channels so that the correct communications are sent to the correct addresses and if the go unanswered you can have records that back up any remedial actions you may need to take in their absence. Also if you get no response from those channels, you may be able to claim the economic loss suffered (penalties the builder is charging you) by their refusal to communicate or their inaction. Its messy, but dont you wont be in a legal grey area. Re: Storm water drainage in Brisbane 8Feb 16, 2023 12:21 pm BuildingandLegal They don't have any rights to your property, their stormwater line is illegally discharging onto your property, no right of way..no easement. Stormwater is required to be connected to a legal discharge point (kerb, or stormwater line 'Council") or disposed of on-site, not run into your neighbours block. If they are hard to get on too, what option do you have? What would their argument be? "Your Honour, we're Sueing our neighbour because they cut off our illegal access to their property, where we are sending all our stormwater, as they wanted to build a house...the hide of them!" Thanks, I get the point. Re: Storm water drainage in Brisbane 9Feb 16, 2023 12:23 pm ponzutwo Ash19 BuildingandLegal Trace the line back to the boundary line, cut it off at the boundary, plug it with concrete. Thanks for the advice. Is that legal to do? Worried that might block the outlet of water and break the pipe. In that case the water would still flow onto our side since our block is lower. id be careful doing this. While the law is on your side at the moment, any negligence on your behalf, like plugging pipes could result if claims against you if there are damages suffered on their end. Same as if you killed a tree who's roots were causing problems on your side of the fence and the tree fell on the neighbors house causing damage. This could go both ways. Given they are hard to contact, go through legal channels so that the correct communications are sent to the correct addresses and if the go unanswered you can have records that back up any remedial actions you may need to take in their absence. Also if you get no response from those channels, you may be able to claim the economic loss suffered (penalties the builder is charging you) by their refusal to communicate or their inaction. Its messy, but dont you wont be in a legal grey area. Going legal is stressful. I have contacted them again. Hope they respond. Re: Storm water drainage in Brisbane 10Feb 16, 2023 12:47 pm The benefit of going legal, in my experience, is that it reduces the stress. They follow the correct proceedures, don't make expensive rookie mistakes, and take out any emotions. May be appropriate in your circumstance? Re: Storm water drainage in Brisbane 11Feb 16, 2023 12:49 pm Ash19 Going legal is stressful. I have contacted them again. Hope they respond. yeah obviously its ideal if you can work it out direct. But the suggestion of legal was in contrast to the suggestion of blocking the pipe. If you get to the point where the options are legal or block the pipe, go legal. Hello I am developing 2 side by side units. Wish someone can help me on the following questions 1) Which stage should be the storm water pipe installed during the new… 0 7842 If you need to be able to access these then you may need to dig them out and cut them so you can add a socket and a riser to the required height. We normally add a… 1 6859 Thanks for that, the PVC pipe is still about 40cm below ground level and it sticks out of the sand with no end cap or anything on it just open pipe, is this the finished… 2 10484 |