# Forum Home Renovation Plumbing  Advice regarding neighbours driveway draining onto my property

## simopimo

Hi all, apologies if this isn't in the right sub-forum but it was the closest match I could think of. 
Got a situation where the neighbour's house sits higher than ours (my house is a 120 year old weatherboard, theirs is about 1950's brick).  They have a driveway that runs pretty much the entire depth of the property. 
The problem is that the slabs basically slope towards the fence.  The slabs sit above our property (about 15cm) so I mortared bricks in along about half of it (quite a big job!), because the dirt and fill under the slabs (including a hell of a lot of glass!) kept drifting onto my property and I have young kids. Above that, the water runs off onto our property as well. 
I'm just about sick and tired of having their stormwater run onto my pavers out the back, and over the years the ground level has increased to be around 30cm from my floorboards at the front section of my house (foundations/timber floor) due to dirt runoff.   
I have had a path concreted down the side of the house to angle the water away from the house ($2K), I've put treated pine retaining logs under the fence and have mortared bricks in under the fence along the pathway.  But I still find excessive moisture retention in my yard after heavy rains.  It's driving me nuts!  My neighbours barely speak English and I have attempted to discuss this with them over the last few years, but they just don't get it. 
My main question: Is what they have legal?  If I give up attempting to communicate with them, would I be in the right if I took this up with the Council?

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## wonderplumb

Sounds like you need advice from the council mate, they deal with stormwater issues.

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## Black Cat

Technically, they are responsible for drainage from their land. They must ensure it drains into the appropriate spots (stormwater drainage), not into your yard. So it is their responsibility to ensure that the problem stops. Given the age difference between the houses, they will be responsible for managing the height difference of the land also, as it would seem their block has been 'filled' at some point.

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## ringtail

Not sure about that blackcat. The home owner is only required to manage roof water. *If the natural lie of the land falls towards the neighbouring property thats just too bad.* If the house wasnt there at all, all the water that falls on that block during a rain event would flow to the neighbouring land ( if the land falls that way naturally). I have the same situation, however every adjoining property has concrete spoon drains to take the run off. One of my neighbours raised their house and at the same time dug down about 350 mm ( getting rid of the spoon drain at the same time). Now during heavy rain their house floods 1 because they are idiots, 2 because they got rid of the spoon drain, 3  they now have no fall to the road . Tough luck. The current owners of a property cannot be held liable for the actions of previous owners regarding filling the block or changing the lie of the land.

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## Black Cat

I think it is different when there is a structure there, like the drive, which directs water from further afield than just the surface collection area. If the drive were not there, then the water could, percievably be soaking into the ground, and thus not causing a nuisance. I would certainly be talking to the neighbours about it, not us, as it is always better if you can sort things out that way. How about putting the problem to them, saying, well I've done my bit, so was wondering if you have considered ... spoon drain, low wall to redirect flow ... If it is right on the boundary it presumably also replaces the fence?

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## jago

It's I believe a NSW thing if you cut fill or change the land in anyway it's your responsibilty to ensure that storm water does not affect any adjoining properties.   
OP as  wonderplumb said speak to council as they deal with this issues. 
Bc & ringtail not sure regs in your states but I was required to do a separate DA for the plumbing to include the stormwater and internal plumbing even though I was only adding one more toilet... The criteria and inspections so far have been more strigent than mt separate building inspections.

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## ringtail

Thats a bugger jago. Up here its only roof water that is regulated, unless the land has been  " profiled " to be un natural. But basically mt property has a fall of 395 mm across the 15 mt frontage, and so do all the properties in the street. The street is flat to look at but its deceptive how much it falls. The road has a massive camber on it aswell so there is very little chance of water escaping through the stormwater outlets from houses ( such is the flow in the gutters when it buckets down) so without the spoon drains we would all be in trouble. Its fine normally, but when the ground is saturated ( as it is now ) and big rains come, the surface run off is huge. But back to the op's drama, if the neighbours put that driveway in then sure they should  put a drain in, but if it was existing when they bought the place they are not obligated to do anything ( other than be good neighbours and work it out). And good luck getting the previous owner to do anything about it.

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## simopimo

Thanks for the advice everyone.  The driveway was installed by the previous owner of their house, although the current owner has been there for about 12 years.  During this time they've added an illegal granny flat, which I tolerated.  The frustrating thing is that I discussed the drainage with them in the past (very difficult with the language barrier) and even offered to help them put in a kerb on the driveway myself, but nothing came of it.  They avoid us whenever possible so I'm going to have to go to Council on this one. 
This week's rain in Sydney has really galvanised me into action because there's a dreadful smell in my backyard due to the moisture.  And the pit I dug near the fence to stop water spilling onto my paving is almost full! 
Yes, the natural lie of the land is sloping towards my house but they have effectively increased the collection area because the driveway runs the entire depth of the block.  If it was just soaking into the ground I wouldn't be upset about it.

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## ringtail

You may have no choice eh. Call the council, I'm sure they will show interest in the granny flat, which I'm sure you will point out. Go hard. Is the driveway on the boundary ? if so you could screw some alluminuim flat bar to the side of the driveway slab and give it a good bead of sikaflex. More expense to you but provided the driveway is on the boundary you are entitled to do it.

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## Happyhome

Hi All...I am new to this forum and apologies if I am on the wrong thread but I really need advice on how to manage storm water from my roof. My home in Kenmore, Brisbane was built in the early 1970's and it slopes from the road in front towards the back, where there is a block of land which was vacant all these years until it got developed in 2009 (subdivided into 5 individual housing lots). The existing storm water from my roof runs into old clay pipes that drain out into the back. I checked with Brisbane City Council and they do not have any drainage plans for me to know where the pipes lead to or how deep they are buried. I have had a complaint from my new neighbour at the back that my storm water may be spilling out into his property.  
After doing much reasearch and talking to Council, it appears that the one option for me now is to redirect my roof stormwater to a rubble pit within my property. I was told that such a pit should be 4 cubic metres in volume and located 3m from the boundary. I would really appreciate feedback on the design of such a pit, and whom I could contact to construct one. Also do I need to get it ceritfied ? Any and all comments would be most welcome. Thanks all.  :Smilie:

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