Plumbing issues

[neK]

Hi all,

Just wondering where I stand on this.

The neighbour who lives next to my investment property is complaining about water draining from their retaining wall and they claim its coming from property.

When i original purchased the property, this neighbours house was an old fibro house and their land was the same level as mine.

However in 2006 or so, the person who purchased the land knocked down the old fibro house and built a new one. In the process, they levelled their land and as a result there is about a 75cm to 1m drop between my land and their land.

Since then they have complained that water comes in from my side. At first they tried to blame the water was coming from my downpipes and straight into the ground which resulted in the seepage from my property to theirs.

They got permission of digging a trench and relaying a pipe to drain the water from the downpipe to the street instead of the ground (the owner actually dug the trench and laid the pipe with his brother who was a plumber - i just paid half the cost of the material).

Unfortunately this still do not fix it, but because the neighbour had tried the options his plumber brother in law suggested, he just accepted it.

Move on a few years, that person sold the property to someone else. They called me up with the same problem. I explained what happened with the previous owner and they accepted.

When i built the granny flat, they asked if I could fix up all the pipes, so i agreed seeing it needed to trench that area anyway, i took the opportunity to change all the old terracotta pipes to brand new PVC ones.

trench was dug to regulation of 40cm or 60cm (whatever it was at the time in 2010)



Thing is now they've asked me about this again 3 months ago and asked me to fix this water leakage.... (i told them that its not my fault and i already replaced the pipes - which they acknowledged because they saw it for themselves) and they left me alone.

Now they've sms'ed me again and said they've got a plumber to come out and the plumber said its coming from my side.... argggg.

Its annoying, but Im wondering is it my responsibility to pay for a plumber to locate a source of a problem (which may not be mine) and fix it?

 

[chilliblue]

If they are the ones complaining then they should pay.

The only course they have is to take it to council so it may be best to speak to them first.

 

[handyandy]

I agree with chilli

Off course it's coming from your side!!! You are now 750 - 1000 higher than them

Speak to the council and explain the difference in the ground level between you and that you have ensured that all the down pipes are draining to the road. ( you did ensure that all were draining including the other side of the house?)

If there is a problem with the downpipes on the other side of the house then this may well be the source of the water and it would be your responsibility to fix. One way we have fixed a similar problem is rather than dig around the house we hung pipes under the house to connect across to the stormwater pipe in the ground.

Otherwise I am sure that the remaining water is ground water and is natural flow due to the height difference.

Maybe express the view that, as part of the building approval process, a spoon drain should have been installed on the neighbors side to accommodate the difference in heights. This should then put the blame squarely on the council for have lacked any forethought about drainage issues.

Maybe even put the bite on the council for not having insisted on the construction of a retaining wall to accommodate the height difference when the property was developed.

Cheers

 

[neK]

There is a retaining wall and there is a drain on their side. The issue is that water pools up on a section of the concrete (say a 1mm to 5mm puddle based on the information they have told me).

Their problem is that they complain the water stays and ends up being stale and stinks.

A possible solution maybe just to fix the concrete so it drains to the drain, but they insist the water is coming from my side and insist it must be from my bathroom.

That said, they dont know if the water is coming from the retaining wall, they just know it appears and therefore it must be my fault.

Also, they have plants on their retaining wall which they water, but again, they feel the source of the water is still from me.

Their plumber even tried to convince me it was from the bathroom because their were soap suds on the water. I didnt think soap suds could drain from my bathroom, seep into the dirt, off their retaining wall then onto their concrete.


Picture 1 - Front of house looking towards backyard - My house is on the left hand side. Their retaining wall has plants.


Picture 2 - Opposite direction. They turned around 180 degrees to take the photo. Their plumber claims its not coming from their rainwater tank.

These were pictures taken back in 19 August 2012 by their daughter.

 

[handyandy]

I see.

They have a drain that doesn't work because they don't have the correct falls or insufficient falls to get the ground water to the drain and it's your fault.

I would simply point out that they need to reconcrete their path so that the water drains instead of standing and going stagnant and leave it at that.

Let them go to the council all they like. They will receive the same advice from the council and may even get an order placed on themselves to perform the necessary repairs in a set time.


Looking at the pics there must be more than one low spot as there is a water tank in one picture and not in the other thus there are 2 puddles.

Where do these areas line up on your side of the fence? although the water could be falling from any area and just ending up there.

By the way it's not unusual for water that has passed through clay to have an oily residual and from your other pics you have plenty of clay so thats the oily soapy residue explained.

Cheers

 

[neK]

The thing that annoys me is that they are planning to go a lawyer and want to sue me....

 

[handyandy]

There are idiots and then there are your neighbors.

Let them go and argue their case and then pay your costs as it is simply construction that is doing it's job - catching natural water.

Why do they think that the council made them (or the previous owners) install the retaining wall and concrete and drains? To run of the ground water that is going to occur naturally.

Please refer back to my opening line

Cheers

 

[zepth]

My understanding was the person that changes the level of the land pays for and maintains the retaining wall. The water is the neighbours issue, let them pay to fix it.

 

[ozsupra]

I hate to say this, but in part legally you may have admitted liability by agreeing to all the work that has occurred previously. That therefore could place you in a vulnerable position.
A.

 

[jim1964]

My understanding was the person that changes the level of the land pays for and maintains the retaining wall. The water is the neighbours issue, let them pay to fix it.

I had this exact problem with neighbor in my current house.Its NATURAL water finding its way from one level to another.I live on the higher side,DH had the council out,insurance assesors etc etc,carried on like a pork chop for ages.I had a bit of advice,and found at his cost a drain should be installed down his side of the home,there is one there,but it falls the wrong way.
Guess he blames me for that too

 

[neK]

I hate to say this, but in part legally you may have admitted liability by agreeing to all the work that has occurred previously. That therefore could place you in a vulnerable position.
A.

Im confused. What work did I agree to? Letting the previous owner dig up my land and install a pipe?

 

[jim1964]

Im confused. What work did I agree to? Letting the previous owner dig up my land and install a pipe?

Dont be confused.Its NOT your problem.