Damaged IP

From: Greg M

I have an IP that has had major subsidence in the last three months. The source of the problem has been traced to ruptured storm water drains. The property was originally one of two dwellings on the same title that had a common storm water system. When the property was subdivided the storm water system was not altered.

I have queried the legality of the storm water with the council and told all is legal. My advice is not so.

The house needs major repair and the storm water system needs replacing. I would like advice on a number of scenarios.
1. Can I seek remedy from the other party for contributing to my subsidence problem? (Engineers estimate for repair to IP is 40K)
2. Can I seek payment from other party towards new storm water system?
3. If no payment from other party, can I cut them out of my system?

Any advice would be appreciated.
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