Browse Forums Building A New House Re: Building the Majestic 40 - now another pool problem :( : 661Nov 18, 2013 7:02 pm Here is the pool now after the downpour...........probably be good for hippos or something like that Pool people will try and get someone here tomorrow, I guess this will cost us some how. DH just spoke to the neighbours, they are also very upset this has happened. They need to lay an agge pipe (or called something like that) down the side of their fence for drainage, so run off from their yard won't go into our yard & pool. We have agge pipes in our yard for just this purpose. The neighbours are finishing their turf on the weekend, GOD help me if we get more heavy rain again this week before that is done....... Devastated, just want to cry We built the Wisdom Majestic 40 - moved in! Our blog - http://ourwisdommajestic40.blogspot.com.au/ Our H1 thread - viewtopic.php?t=54156 Re: Building the Majestic 40 - now another pool problem :( : 662Nov 18, 2013 7:21 pm Oh Onewheel. This whole story is just devastating. So sorry you have to go through this. No advice, just didn't want to read and not comment as it is obviously such a stressful situation. Take care. Re: Building the Majestic 40 - now another pool problem :( : 663Nov 18, 2013 7:33 pm Drainage is so important. You neighbours should put this in before laying the turf. They should have built a trench along your fence line with blue metal (think that is what it is called) over agge line then lay turf over top. Has to be done right from beginning or else you will have problems on going. In our last house, our neighbours on our left had no drainage at all in their backyard, either did the people behind us. So, every heavy down pour we had a waterfall effect from our side neighbours and all the water coming from all directions. As you can imagine a lot of water from every direction, our poor drainage struggled at this time and the water did rise, sometimes to 10cm in height. Thankfully our pool was a step above our patio so didn't cope the water, as soon as the rain slowed our drainage caught up but it was a pain. I would even offer to help the neighbours to do the drainage, that way you know what is being done and can offer friendly advice to make sure it is in your favour. Good luck Re: Building the Majestic 40 - now another pool problem :( : 664Nov 18, 2013 7:58 pm Thanks Kirstenl and Upsize........We've offered to help if they need us to and told them similar to what you suggested Upsize. Agree it must be fixed otherwise this will happen again! We built the Wisdom Majestic 40 - moved in! Our blog - http://ourwisdommajestic40.blogspot.com.au/ Our H1 thread - viewtopic.php?t=54156 Re: Building the Majestic 40 - now another pool problem :( : 665Nov 19, 2013 8:33 am I am glad it's finally progressing hopefully in a week time you will be able to swim Find Out About Bungarribee Community At http://bungarribee.com Building Washington 29 from Wisdom Homes - viewtopic.php?f=31&t=63920&p=1011725#p1011725 Re: Building the Majestic 40 - now another pool problem :( : 666Nov 19, 2013 9:46 am So sorry that your pool ordeal is continuing Onewheel. I agree that helping out the Neighbours is a win win situation as can hopefully benefit you also. Hopefully today's improved weather gives you and the pool company a chance to rectify some of the issues. Keep us updated. Re: Building the Majestic 40 - now another pool problem :( : 667Nov 23, 2013 1:12 pm Well the neighbours son has basically told us the drainage is our issue and they are not going to do anything about it. Our deck was not coping with the downpour yesterday either so landscaper will be coming next week to try and get that sorted and looks like well have to put some sort of drainage down the fence line. As for the dirty water, it has stained the lining. We've drained the pool a bit and hit it with the gurney and that worked. So looks like we'll have to drain the pool a second time. I was wanting plants down the side of the pool, not sure if we can do this now, so I'm not happy, as the landscaper said all will be fine, but given the drainage issues we have had, looking like this won't be possible. The pool is turning into one big expensive headache and i'm now very unhappy with how it is turning out We built the Wisdom Majestic 40 - moved in! Our blog - http://ourwisdommajestic40.blogspot.com.au/ Our H1 thread - viewtopic.php?t=54156 Re: Building the Majestic 40 - now another pool problem :( : 668Nov 23, 2013 2:24 pm Has the water always flowed into your backyard. If they have changed the lay of the land you can argue this with them. Re: Building the Majestic 40 - now another pool problem :( : 669Nov 23, 2013 5:30 pm I'm not an expert or anything but maybe you could add a retaining wall with garden bed along the fence. The garden bed can be planted with your chosen plants and don't forget to add a drainage to catch those overflow water out and route them to your own drainage. Again not sure if this is possible. It's so unfortunate that your neighbour won't help. Re: Building the Majestic 40 - now another pool problem :( : 670Nov 23, 2013 6:39 pm If the water is flowing from their land into yours it is their problem. You've appproached them to try and get a co-operative fix that works for both of you and they've simply ignored you. Time to go to council and to get them to enforce the rule that rainwater that lands on a block must be dealt with by that block. Re: Building the Majestic 40 - now another pool problem :( : 671Nov 23, 2013 7:18 pm The council won't do anything. If the run-off is from a new development, that has development consent and has been constructed according to that consent, then they won't step in. Same goes for hardscaping etc. If it was me, I'd remove most of the paving on that side and build a retaining wall from concrete bricks. Make it higher than the bottom of the fence so if the water flows into your yard it'll be thrown back into theirs. Put some plants in there to screen the fence etc. It won't leave you with any room to walk down that side as you'll only have the coping left but it looks pretty good and does the job. Re: Building the Majestic 40 - now another pool problem :( : 672Nov 23, 2013 9:40 pm Thank you everyone with your suggestions its very much appreciated. I'm so upset about all of this, it's been one thing or another with the pool and I can barely look at it at the moment. Hopefully I will calm down enough tomorrow to have a sensible discussion with DH about it. I'm thinking a retaining wall is probably the way to go so I can get my plants and when the neighbours water flows in to us it will go back to their place. I'll see what DH thinks. The problem has not occurred before as we have not had a lot of heavy rain in the last few months until this week. Anyway, we know now and can take steps to rectify it. Unfortunately it looks like we'll have to drain the pool and do another acid wash to fully clean the lining we won't do this till the drainage is sorted. It's been an uphill battle with this pool but in the whole scheme of things it is not so bad when compared to others who have lost everything due to bushfires recently. So we'll pick ourselves up and soldier on. We built the Wisdom Majestic 40 - moved in! Our blog - http://ourwisdommajestic40.blogspot.com.au/ Our H1 thread - viewtopic.php?t=54156 Re: Building the Majestic 40 - now another pool problem :( : 673Nov 23, 2013 11:00 pm You will cause issues if you block the water in their property. Blocking it and draining it would be better. If the neighbour has not altered the land and was there first they cannot be liable for any flows. Generally no one is responsible for water on their land if it is the natural flow.. if you alter or concentrate the flow then you are liable. If they installed topsoil in the area and changed the direction of flow then you may have a case. Council wont touch it because its between two properties and no council asset is causing the issue. My suggestion is possibly a retaining wall but with a built in drain that blocks the water from entering your pool and drains it to somewhere else which wont cause any issues. Re: Building the Majestic 40 - now another pool problem :( : 674Nov 24, 2013 5:36 am Ok, if I build a retaining wall, I wondering how I can be responsible if the water flows from their land into ours and we build a retaining wall to stop this? I'm not redirecting the flow of water from our land into theirs, all I would be doing is stopping their water flow coming into our land? We built the Wisdom Majestic 40 - moved in! Our blog - http://ourwisdommajestic40.blogspot.com.au/ Our H1 thread - viewtopic.php?t=54156 Re: Building the Majestic 40 - now another pool problem :( : 675Nov 24, 2013 7:56 am Hi Onewheel I agree with you.I can't see how you can be in the wrong if you build the retaining wall stopping the water entering your property.Its your Neighbours problem if it originates from their land. Good luck with it. Re: Building the Majestic 40 - now another pool problem :( : 676Nov 24, 2013 10:15 am Common law normally dictates these things as well as the water act.. If you block the water and cause an issue to the neighbor you are liable. . Here is an example. 5 properties are on a hill with each property having a house which connects to storm water assets. Each property naturally drains down the hill. Taking what you propose the bottom property could take issues with the water entering from the up Hill side. This property does the same to the next neighbor untilwe are at the top property. Who does he then take issue with? The clouds? Section 16.2 I think of the water act outlines what responsibilities you have. Unfortunately if the water has always flowed through your property they are not liable. If however you change the flow regime and cause unreasonable flow of water or damming of water you are liable. I'm talking here from experience dealing with drainage issues I'm a Civil Engineer who has dealt with civil matters like this before. They end up in VCAT and this is usually the result. I'm just giving my advice as to where this could go If you choose to dam the water to ensure the decision you make is well thought through. Re: Building the Majestic 40 - now another pool problem :( : 677Nov 24, 2013 12:52 pm Thanks Nicky for the info. Water has not flowed from their property to ours before. It is only since they have done their landscaping that this has happened. We built the Wisdom Majestic 40 - moved in! Our blog - http://ourwisdommajestic40.blogspot.com.au/ Our H1 thread - viewtopic.php?t=54156 Re: Building the Majestic 40 - now another pool problem :( : 678Nov 24, 2013 3:00 pm If you can prove that you have a case and they will have to do the drainage. I see no issue building a retaining wall in that case Re: Building the Majestic 40 - now another pool problem :( : 679Nov 25, 2013 3:44 pm I don't know what to say Onewheel, just best wishes for you . Hopefully things will workout for you as soon as possible. Find Out About Bungarribee Community At http://bungarribee.com Building Washington 29 from Wisdom Homes - viewtopic.php?f=31&t=63920&p=1011725#p1011725 Re: Building the Majestic 40 - now another pool problem :( : 680Nov 26, 2013 7:13 pm Hi Onewheel. The trick will be proving that things have changed since their landscaping if they make it an issue. I would imagine you would either need a hydraulics plan from when the house was built or photos of before and after in the rain unless Nicky has any other ideas. I am interested in this as it may become a problem in our build at some point as our land slopes right at the back of our block quite sharply onto the neighbours. We would probably be in the same position as your neighbour. 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