Stormwater Overflow from Neighbours Property

primal89 on 25/02/2022 - 16:23

So my property is getting overflow from neighbours property due to the slope of the driveway on his . Owner is saying is designed this way as we live on a hill and he doesn't have to worry about overflow of water onto another property however looking at council sites all over Australia a landlord must ensure stormwater is caught on your property and drains away. I dont really want to go to court to try settle the matter but has anyone had experience in this area?

Please dont flame me. new to this

Home & Garden

Comments

  • Hybroid on 25/02/2022 - 16:26
    +6

    In NSW, the local councils manage stormwater on public land like parks and roads, but also private landowners who pay a levy for stormwater management. This means that if stormwater is draining from another private property onto yours, the council can be informed and intervene.

    I'm assuming same in Vic and other states. Speak to your council about it.

    • [Deactivated] on 25/02/2022 - 16:46

      Thank-you for this! It's been on my to-do list and this stupid rain has bumped up the priority.

  • Archi on 25/02/2022 - 16:40
    +1

    how much water are we talking?

    • is it just a trickle.. or is the run off water penetrating your house. or is the water run off damaging your gardens.
    • is it happening every time it rains, or because we are experiencing an unusual amount of rain at the moment.
    • primal89 on 28/02/2022 - 08:31

      I'm rebuilding decking and retaining walls due to the water damage.

  • [Deactivated] on 25/02/2022 - 16:58
    +2

    Owner is saying is designed this way as we live on a hill and he doesn't have to worry about overflow of water onto another property

    Lol. He doesn't get to say if he has to worry about it or not. What a wank.

    Looks like another poster has given you the next steps WRT contacting the council, good luck.

  • Almost Banned on 25/02/2022 - 17:01

    Google private nuisance, maybe trespass.

  • Summoner on 25/02/2022 - 17:01
    +2

    If the flow of water from your neighbour's property is resonable (and if water is naturally flowing to your property), there is nothing much you can do. However, if your neighbour has obstructed natural flow of water, and thats causing the water to flow to your property, then they would need to correct it.

    See below section of Water Act 1989

    • Section 16 Liability arising out of flow of water etc
    • Section 20 Matters to be taken into account in determining whether flow is resonable or not resonable
    • primal89 on 27/02/2022 - 16:40

      Thanks!!

  • Catullus on 25/02/2022 - 19:45

    Look, if the water is flowing onto your property, you can just direct it down to the next person etc. But if it is stormwater from the roof you must pipe it to the road.

  • Euphemistic on 28/02/2022 - 09:00
    +1

    If t is just natural runoff there may be nothing you can do. If it is stormwater collected from a rooftop or hard area it should be managed to stormwater drains and not allowed to run off.

    • primal89 on 08/03/2022 - 08:16

      If anyone looks at this in the future this is correct. Rooftops of any structure need to be plumbed or it can be defined by the water act as not reasonable flow. Water hitting the ground running towards you is mother nature. Lesson learn, dont buy on hill.

  • primal89 on 28/02/2022 - 09:06

    Thanks all, working through the Water act with legal counsel now.

  • kiwimex on 08/03/2022 - 22:57
    +1

    If your neighbour has all his roof water connected to a stormwater system and the only water that is running off onto your property is surface water, there is not a lot you can do about it. That said, he cannot by whatever means (spoon drain, channels etc) direct any surface water towards your property.

  • prashy on 07/10/2022 - 04:56

    I have a slightly similar issue whereby two properties which are higher than me and to the left are dumping all their roof water and water tank overflow onto the property behind me via a 100m PVC pipe which is then being naturally channeled into my property. It has caused one of the steel H beams on my retaining wall to fail and my lawn turn to a bog.

    I have raised it with council and they did give notice to the owner of the pipe to fix however the owners claim the pipe is discharging onto a drainage easement (which it is) and council should fix this. There is no council infrastructure (pipes) on this easement just a 100 year old brick spoon drain which has not been maintained.

    Did you resolve your issue?

    (I’m in Melbourne, Moreland Council)

    • primal89 on 12/10/2022 - 11:27

      feel your pain

      • prashy on 25/10/2022 - 04:17

        How is this issue progressing?

        • primal89 on 25/10/2022 - 09:43

          DM me

        • primal89 on 26/10/2022 - 09:10

          I upgraded my drains. Moral of the story have a huge as block so neighbours don't annoy you.

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