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Thread: Have A Question About Storm Water Pipes

  1. #11
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    Quote Originally Posted by 1950landy View Post
    Dose any one know ? If one neighbour does not have enough fall to run there storm water pipes out to the gutter & they run the pipes through there neighbour's property who is responsible for these pipes.
    Why I ask our neighbour 2 house up has done that & it seams the pipe is broken in the property next door to us . The owner 2 up is having a pool installed & the builders keep having to pump the rain water out of the pool which end's up on out back yard& no water is going out into the street. For years I have complained to the council about the water coming through the retaining wall but the council just keep telling me because our house is below the house next door I had to expect it which I appreciate & have installed extra drains along the property boundary , also raised the floor level in our sunken lounge room to stop the water entering the house, but now it appears there is a broken storm water pipe after spending over $10,000 .
    So my question is who is responsible for fixing the pipe the pool owner says he is not because it is in the neighbour's yard so this neighbour & I should be paying or I should be paying , my thoughts are the pool owner should be paying Or booth neighbour's should be paying . The other twist to this story is booth these neighbour's only bought these houses just over a year ago so booth believe neither are responsible, my house is about 38 years old , the house next door about 35 years & the house with the pool about 30years. also all the water off the roof of the house with the pool goes down this broken storm water pipe so all that ends up in our yard. I have put in a fresh complaint to the council but will have to wait a couple of weeks to get a reply & the pool will be filled with water by next week & the owner will be free to back wash & pump extra water if the pool becomes full .
    So what would others do , I know if things were reversed the pipe would be on the mend rite now & this guy sees it costing hom money.
    If there is a stormwater pipe running from a connected property (the benefited property) through adjoining properties, I would think that there would be an easement(s), in which the pipes should be located, over the burdened properties i.e. the properties that the pipes run through, that don't use the pipes. The RP/SP Registered Plan of your property would show these.

    Local gov is the best way to go, if they're interested?
    'sit bonum tempora volvunt'


  2. #12
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    Quote Originally Posted by ian4002000 View Post
    I work in the pool in industry in Victoria, I think down here pool waste water should go to sewerage unless directed that this is not possible in sewer pressure systems that cant handle the volume.
    You will need to get the water authority to do their job and come up with a solution to the problem.

    Good luck

    Ian
    Bittern
    In Qld waist water from pool goes out to the street , I will look into the water authority if I get no were with Council. I have a question for you if you work in the industry , If the pool builder knows the pipe is broken & installs a temporary waist water drain to get the pool certified then removes this temporary drain so the waist water is going into the leaking drain & then into our property knowing this is going to happen & knowing the pool owner is not going to repair the drain & has stated he will be putting the waist water down the drain is this an etherical practice , I think the pool builder has a duty of care to make sure the waist water is going out to the street . Would this make the certification null envied. I have tried contacting SPASA but they have not replied to my email.

    I have at lase been contacted by SPASA & are not interested that one of there members is happy to let the pool builder hand over a pool that when water is pumped out of it enters a neighbours property , Toothless tigers like Builders Registration Authority with our 1st house we found the builder had left a support beam out of the roof causing the overhang over the 4m X 2.5m Front / Veranda to drop about 60mm & house gutter would overflow flooding under the house, I contacted the Builder & he would do nothing , contacted the BRA & they told me there was nothing they could do & just fix it our selves . We ended up putting a 90mm SHS post from the ground through the veranda to the roof after jacking the roof up . Was lucky my father owned a steel fabrication business so ended up costing me nothing except some cement & some time.

  3. #13
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    I think SEQ Water is only responsible for harvesting rainwater and supplying potable water. BCC is the responsible legislator and enforcement agency concerning drainage. I'm quite prepared to be corrected.
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  4. #14
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    Quote Originally Posted by Homestar View Post
    Do you get on with the neighbour? Can you work together to identify the leak then plug it?

    I canít see how itís your problem - it may mean a trip to a Lawyer to get a letter sent though. How did the pipe even get put in - is there anything is writing signed by anyone saying they could do it?

    Thereís no way Iíd allow someone else to run a pipe through my yard for any reason as how do you know years later if there would be any issues due to trees, etc?

    I wish you all the best - it sucks that you have to do the legwork and spend money to prove someone elseís problem and incompetence.
    I get on with all our neighbours except this one & know the guy the other side of him has had issues with him also, You can't reason with him.
    I have thought about a Lawyer & have been trying to work which one to see who deal in this type of complaint.
    I have found a Qld Gov Neighbourhood Mediation site which hopefully would cut the cost of the Lawyer but yes still have to do all the leg work then go into the city for meetings & with a sick wife to care for I don't think it is going to happen.
    street view.jpg This photo shows the 3 houses bottom house is pool owner the small pool is being built at the front of the house where the trees are , damaged pipe is some were in the back yard in the yellow line & our house is top of photo . The water that enters our yard then runs over into the property behind ours & so far they have not complained , each od the 4 properties are lower than the one above it.
    BCC.jpgBC1.jpg These are from the BCC web site about storm water pipes.

  5. #15
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    Quote Originally Posted by V8Ian View Post
    I think SEQ Water is only responsible for harvesting rainwater and supplying potable water. BCC is the responsible legislator and enforcement agency concerning drainage. I'm quite prepared to be corrected.
    I think you are correct Ian . I have not found anything on the State Gov web sites about it I think it is because every Council has different rules .

  6. #16
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    Quote Originally Posted by Saitch View Post
    If there is a stormwater pipe running from a connected property (the benefited property) through adjoining properties, I would think that there would be an easement(s), in which the pipes should be located, over the burdened properties i.e. the properties that the pipes run through, that don't use the pipes. The RP/SP Registered Plan of your property would show these.

    Local gov is the best way to go, if they're interested?
    Thanks for that See my reply to Homestar #14

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    Quote Originally Posted by Roverlord off road spares View Post
    we have problems in our street a shop car park when it rains heavy runs down to the adjacent neighbour to it. Council say it's natural fall of the land. Well there was no problem before the carpark went in. Another neighbour asked to plans if te drainage of his property. the was no storm WATER DRAINAGE ON HIS PROPERTY. NATURAL FALL OFF THE LAND SENDS IT DOWN THE HILL INTO OTHER PROPERTIES, IT RUNS TO THE NARURAL FALL OF THE LAND!
    In the 30 years I have spoken to the council about the water I have been told it is because we have built below the houses above us & I accept that I will get water from the houses above us but I know now that there is a broken storm water pipe that is causing excess water to flow into our property instead of out into the street & the home owner whose water it is expects me to fix it at my expense.

  8. #18
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    IIRC natural above ground stormwater flow from a higher property is usually acceptable. What is unacceptable from a higher property is concentrated flow - and this is what you'd be experiencing from the broken pipe.
    From my understanding of your posts, this broken pipe is draining stormwater from the two private properties above you and as such each of those properties should have an easement for drainage through your property and they would be jointly responsible for maintaining the pipe which is benefitting them, not you.
    Maybe you could/should obtain a quote from a plumber/drainer and send it to both of your neighbours with an accompanying letter from your solicitor stating that due to the health hazard caused by their broken pipe that you intend to have it repaired and demanding that they jointly cover all associated repair costs.
    Probably a letter to council advising of your action including mention of anticipated increased flows if the new pool is approved and becomes operational would also be worthwhile. It may even draw their attention to the flushing and draining of excess pool water, which should go directly (via the easement and properly functioning drainage pipe) to the street and not into your yard.
    It's always better to document dealings in black & white rather than discussing by phone or face to face. And if phone or face to face discussions occur then keep a diary record of them &/or confirm them via email.
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  9. #19
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    Quote Originally Posted by 1950landy View Post
    I get on with all our neighbours except this one & know the guy the other side of him has had issues with him also, You can't reason with him.
    I have thought about a Lawyer & have been trying to work which one to see who deal in this type of complaint.
    I have found a Qld Gov Neighbourhood Mediation site which hopefully would cut the cost of the Lawyer but yes still have to do all the leg work then go into the city for meetings & with a sick wife to care for I don't think it is going to happen.
    street view.jpg This photo shows the 3 houses bottom house is pool owner the small pool is being built at the front of the house where the trees are , damaged pipe is some were in the back yard in the yellow line & our house is top of photo . The water that enters our yard then runs over into the property behind ours & so far they have not complained , each od the 4 properties are lower than the one above it.
    BCC.jpgBC1.jpg These are from the BCC web site about storm water pipes.
    I just had a look at the Cadastre and there are no Storm water easements over any of the properties involved.
    There is a fair slope which, as you mentioned and are aware of, will result in overland flow.
    It is not permitted to stop or significantly alter the overland flow from the original, subdivision design, albeit allowing for buildings, driveways etc.
    If there is an issue with a concentration of storm water, which would not be classed as reasonable overland flow, then I would be of the opinion that the responsibility of addressing the problem lies with the owner of the property, where the source of the flow is located.

    Keep on BCC's back.

    I hope you don't mind my stalking you, from your photo?

    Steve
    'sit bonum tempora volvunt'


  10. #20
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    Quote Originally Posted by Saitch View Post
    I just had a look at the Cadastre and there are no Storm water easements over any of the properties involved.
    There is a fair slope which, as you mentioned and are aware of, will result in overland flow.
    It is not permitted to stop or significantly alter the overland flow from the original, subdivision design, albeit allowing for buildings, driveways etc.
    If there is an issue with a concentration of storm water, which would not be classed as reasonable overland flow, then I would be of the opinion that the responsibility of addressing the problem lies with the owner of the property, where the source of the flow is located.

    Keep on BCC's back.

    I hope you don't mind my stalking you, from your photo?

    Steve
    Thank you, I will be keeping on BCC back unlike last time were they told me there was nothing I could do , this time I know when water goes into the pool owners pipe it comes out in our yard & no water runs out the pipes in the gutter in front of the middle house . I am hopping the owner of the house in the middle will assist in helping to find out if the pool owners drains are connected to his. As can be seen in the photo there are no large trees in the middle house's back yard & the trees in the photo are in the house at the back of them & lower than there property. I will see what the Council comes back with & may make an appointment with our Councillor& put my case to her . before talking to a lawyer. I will have a talk with the Lawyer we use for our business & see if he can refer some one that deals in this type of thing. My problem is I am too easy going & do not want to get into an argument with the neighbours .

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