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Thread: Have A Question About Storm Water Pipes

  1. #1
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    Have A Question About Storm Water Pipes

    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.

  2. #2
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    Go direct to the councillor.
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  3. #3
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    You'll need to check your state regulations with your water authority, but normally a shared facility like a storm water or sewerage pipe is the responsibility of all properties that share that facility. Unless a particular property owner has been negligent (like using a post hole digger that damages the pipe) any repairs and maintenance would normally be shared equally by all connected properties.
    In the first instance, I'd be contacting your water authority. They will know where the pipe runs and which properties are connected. They will also advise on getting the pipe repaired and the flow rate that the pipe can accept. They may even inspect the pipe to determine if there's a leak, but I suspect they'll refer you to a plumber.
    In a general sense, you can certainly sue for damages caused by a neighbor's negligence.
    As for the pool, a storm water system in good order should easily be able to handle backwash etc. flows. However, should the system need to be upgraded (as determined by the water authority) then the full cost would normally be borne by the pool owner. Presumably, the pool has passed inspection. This may have been done privately, but the council will have the paperwork.
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  4. #4
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    Quote Originally Posted by V8Ian View Post
    Go direct to the councillor.
    Have done that , she wasn't there but lady on desk was very helpful . She has started the ball rolling & did what she said she would before I got home, which is a good start. I can find a bit on the council's web site about running SW Pipes through neighbours property but nothing to say who is responsible when things go wrong . I suggested to the pool owner to get a camera put down the pipe to where & why it is broken but he expects me to pay & just says he is not paying for anything .

  5. #5
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    Quote Originally Posted by DieselLSE View Post
    You'll need to check your state regulations with your water authority, but normally a shared facility like a storm water or sewerage pipe is the responsibility of all properties that share that facility. Unless a particular property owner has been negligent (like using a post hole digger that damages the pipe) any repairs and maintenance would normally be shared equally by all connected properties.
    In the first instance, I'd be contacting your water authority. They will know where the pipe runs and which properties are connected. They will also advise on getting the pipe repaired and the flow rate that the pipe can accept. They may even inspect the pipe to determine if there's a leak, but I suspect they'll refer you to a plumber.
    In a general sense, you can certainly sue for damages caused by a neighbour's negligence.
    As for the pool, a storm water system in good order should easily be able to handle backwash etc. flows. However, should the system need to be upgraded (as determined by the water authority) then the full cost would normally be borne by the pool owner. Presumably, the pool has passed inspection. This may have been done privately, but the council will have the paperwork.
    The pool has not been inspected as yet think it will happen in next week. There are two pipes running out into the street next to one another not sure but think one is for one house & the other the other house . the pool owner tells me he had a smoke test done but would not tell me the result & as far as I know there has been no digging or drilling in either property. There may be trees that may have damaged the pipes. The property next door is about 2.5 m's above ours & there is a wooden fence on top of the wall that would be 1200mm high so can not see in the back yard. I am going to see if guy next door will put a hose down his storm water pipe on weekend & see he the two houses are connected. I have a complaint with BCC at the moment if that dose not work I will try the Qld Water Authority. I am not sure they will know were the pipes run , I rang Diel Before You Dig once & nothing was any where near where they said it was.

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    Plug the pipe…


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  7. #7
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    Quote Originally Posted by Homestar View Post
    Plug the pipe…
    That is not going to work , it is not in my property & all the down pipes on the pool house all feed the pipe & it is leaking under ground in the middle property . I am just the guy who is copping all the water & the pool owner expects me to pay,

  8. #8
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    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

  9. #9
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    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!


  10. #10
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    Have A Question About Storm Water Pipes

    Quote Originally Posted by 1950landy View Post
    That is not going to work , it is not in my property & all the down pipes on the pool house all feed the pipe & it is leaking under ground in the middle property . I am just the guy who is copping all the water & the pool owner expects me to pay,
    Do you get on with the neighbour? Can you work together to identify the leak then plug it?

    I can’t see how it’s 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?

    There’s no way I’d 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 else’s problem and incompetence.


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