Interference with water run-off

I'm just wanting to see if anyone has some advice/prior experience with disputes with neighbours re: interfering with drainage systems in the backyard?

We've been having an ongoing issue with our neighbour on the lower side of our property (also in Brisbane), with water which naturally flows over our land and unfortunately into his backyard. We have a substantial drainage system in place which diverts most of the water to the stormwater drain in the street, but with heavy downfalls it occasionally overflows...

After being away for a week, we've come home to find that the neighbour has accessed our property (without permission) and has interfered with this system by installing colourbond fencing on his side of the fence, and has dug out and dammed the drain into the ground so now the water pools and floods our backyard. Say nothing about the fact that he cut a gaping hole in our 10-foot steel fence (which we paid for to stop our dog from jumping into his yard) or for using our tools and building materials..

We've contacted Brisbane City Council and Urban Utilities who have been about as useful as a hip pocket on a singlet.

Any advice? Are we legally allowed to remove the obstructing fencing he's installed, to prevent our yard (and subsequently, our house) from flooding, or is there a legal avenue that we can pursue? Have tried discussing with the neighbour but he just thinks it's a game and isn't interested in resolving the issue...
 
How can the neighbour interfere (who is lower) with your drainage system by putting a fence on his property,

Surely by putting a fence on his side he is simply creating a dam which should allow your drain time to cope with the overlow before it flows next door.

Also don't understand how he has dug up and then dammed the drain as he would have to be a nut to stop the drain from working if his problem is the water flow.

What exactly is he trying to achieve by cutting a hole in the fence and then building a barrier (his fence).

Are you sure its the water flow that is his problem rather than having a 10 foot high fence in place of the standard 6 foot.

I don't see how he hopes to resolve any problem doing as you indicate.
 
We have considered contacting the police for trespass but we weren't home to witness him do it...

The fence is not the issue - he consented prior to us putting it in 20 years ago...

Perhaps I didn't explain it properly... he's dug out the soil next to the fence, on our side of the boundary, dammed it on our side and then put the colourbond sheets in the hole and back-filled it. In his mind it's supposed to work but all I can see is it backing up into our yard and house before spilling over to his...

I think he just has a bee in his bonnet - but when you live on a steep hill, having water cross your yard is a fact of life I would have thought. You just have to manage it, right?
 
Oh he cut the hole in the fence to get access to our yard (the side gates all have locks on them). And kindly patched it up with colourbond and sheets of MDF that he pinched from our shed...
 
Back
Top