- This topic has 3 replies, 4 voices, and was last updated 4 years, 2 months ago by .
-
Topic
-
Our neighbours knocked down their house and the replacement buildings foundation blocked the drain between our two properties. Our car park then flooded, the water went via their garden and then under their house and oozed up into their living room. The drain had been in place for decades and wasn’t on the Council’s records. It isn’t possible to proportion the amount of rain falling on their garden which contributes to the total amount of water going under their house.
The neighbour emailed stating there had always been a drainage problem.
Why the architect, town planner, surveyor and builder didn’t pick up on this or that the then existing drainage problem information hadn’t been passed onto them is a mystery.
Anway, we purchased a big water tank, plumbed our carport roof gutter water via the tank by large hose down the side of our driveway to the street which is twice the distance than if the hose went through the neighbour’s property out onto their street behind us. This seems to be working. Our neighbour didn’t want a nasty hose running along their fenceline.
Our Owners Corporation Manager has done absolutely nothing to help. We asked our neighbour to go 50/50 but they suggested 1/13th part of the cost as there is 1 of them and 12 of us (Flats). Since then; stagnation.
Our Owners Corporation Manager and her boss had an on-site meeting. They constantly said the complete opposite and disagreed with everything said to them and have endless amount of time and energy in order to avoid spending any time and energy. They consider that at the meeting the cost sharing issue closed by agreement. It wasn’t.
Anyway, who is responsible, for what component and by what percentage?
Thanks.
-
Replies
-
We asked our neighbour to go 50/50 but they suggested 1/13th part of the cost as there is 1 of them and 12 of us (Flats). Since then; stagnation.
Another way to look at this is that there are 12 of you to share the cost of lawyers and only one of them. Ask them how they like them apples.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
The first sentence by onedoordown indicates the neighbour could possibly be liable for the consequences of blocking the drain. Legal advice will be necessary and an assessment made whether the costs would justify whatever amount was recovered. If it is pursued, the neighbour may then decide 50/50 is an excellent deal.
The local council may be able to assist initially with an explanation of their stormwater drainage rules.
It looks like you have a complex situation and advice from a lawyer may be necessary.
You talk about a drain between the properties. If this is a drain taking water from your property and under theirs, then you have effectively trespassed. This situation is not uncommon in older properties but modern practice is to have a drainage easement through someone else’s property. In this case it’s your problem and it’s up to you to find and pay for a solution.
There could be another situation which we are unaware of.
Irrespective of what the neighbour has done on their land,it’s your responsibility to manage water flows on your property. In this case, again it’s up to you to find and fund a solution.