Monday, 13 June 2011


It is a .com but when you ask questions it does nominate your country.
pretty cool site for questions and advice.
Many sections look
Mechanic , Vet,  Plumber, Lawyer etc.

You can even ask people about cars etc have a look below

 Pretty cool, you pay an agreed fee for advice , so use time well, have questions ready to go.
Also ask for their contacts , the plumber they use, maybe an auction house, where do they buy
wholesale products etc.

 Also look at previous answers look below question asked

I have owned and lived in my property for 17 years. Approximately

Customer Question

I have owned and lived in my property for 17 years. Approximately 3 years ago, a neighbouring property at the rear (with whom I share a small boundary of approx. 4m) commenced large scale redevelopment - extending the existing property and constructing a large garage along almost the entire rear boundary.

My problem is that as soon as the re-development commenced I experienced singificant increase in storm water run off to my property - bringing large volume of water and sediment through my retaining wall and into my pool - during development the owner accepted responsbility and paid for the pool to be cleaned on 2 occassions. Despite the owner complying with the requirements of his DA I still continue to be inundated with a concentrated flow of stormwater each rain event - the effect of this changed water flow over the last 3 years has been the de-stabilsation of my retaining wall, and water/sediment entering my pool (on over a dozen occassions necessitating a clean up that takes 3-4 days and hundreds of dollars in time and resources).

I have made overtures to this neighbour to seek their resolution to this changed and concentrated flow (there is no easement over my property) - these overtures have been rejected.

What are my rights in this matter?
Submitted: 2 days and 4 hours ago.
Category: Australia Law
Value: AU$84
Status: CLOSED

Look at example response:

Customer Reply

I have taken many photos and made many requests to the Council - I am now awaiting feedback from the Council (this has been going on for ovr 18 months).

I am seeking rectification, not compensation. I am weighing up the pros and cons of court action, and want to arm myself with a little more knowledge before consulting a solicitor, so have a few specific queries:

What area of law is relevant? (negligence, trespass?)
What specific remedy can a court impose relevant to the area of law?
What level court in NSW would be applicable?
Can you suggest any NSW case law that might be relevant for me to review?

I had selected the option for a high level of detail, so hope these questions can be answered?


Accepted Answer

Good Morning

The situation here is one of nuisance.

Here is an article about it.

Look at the heading Entry of Water

It is not statute law but common law that has been created by the courts.

In this case the water entry to your property is as a result of the constructions and not a natural flow.

The specific remedy is compensation for any damage caused and also to undertake the necessary works to rectify the problem.

You need to get a drainage expert in to advise what needs to be undertaken to stop the problem. In any court action or negotiation with the neighbour you have to be able to have information to rely on.

Here is one case that may be relevant

You can search Austlii data base fro more

I searched Water and Nuisance

It would be a matter that would go to the District Curt or Supreme Court even the Land and Environment Court.

I hope this is of assistance and if so please click on the accept button.

Expert: Leon Rizos
Pos. Feedback: 98.2 %
Accepts: 8180
Answered: 6/9/2011
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)


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