Hi everyone,
I’m in Queensland and having a drainage issue with my neighbour.
They have a grass V-drain on their property that runs along the boundary, but instead of keeping the water on their side it actually runs through the fence and onto my block.
The water then flows across my lawn before eventually reaching my dam. The problem is it makes that area constantly wet and hard to mow.
We’ve already had issues before where they were running grey water from their septic system down the same drain and onto my property.
I spoke to them about the current water problem and suggested they could just continue the V-drain along the fence line on their side so the water still ends up in the dam but doesn’t cross my yard.
Instead they suggested installing a pit and piping it through my property, which would mean digging up my lawn. I’m not really comfortable with that since it’s not my water causing the issue.
My questions are:
• Are neighbours allowed to direct water from their land onto your property like this in QLD?
• Is it reasonable to ask them to keep the drainage on their side of the boundary?
• If they refuse, is this something the local council normally deals with?
I’ve attached photos showing the water coming through the fence and running across my yard.
Any advice would be appreciated.
Posted by hutt117
40 Comments
Embrace it. Rain garden.
https://preview.redd.it/h5q7oxztclog1.jpeg?width=1179&format=pjpg&auto=webp&s=9a94c5487cf404c9f067578aa0005910bd50f1d8
Dig a trench that leads the water back to their property?
If the drain has been there the whole time, or the water naturally flows that way anyway, it’s your turn to build one.
If they’ve only recently done it and re-directed it into your yard, that’s not ok. You can claim damages.
Call council. See what they say?
Drain water from your property into that pond.
You said it stays like that for extended periods of time, which leads me to believe the drainage on your property is subpar.
Laugh during dry season as you’ll have all the water?
As far as I’m aware rainwater and greywater isn’t supposed to leave your property above the ground. Ring the council and ask them, or walk into your Councillor’s ward office with those photos and ask them. BE NICE TO THE STAFF!
Put down a concrete pipe and cover it with dirt
Does your building envelope cover your entire property? If no, it’s likely a seasonal waterway or a wetland of sorts.
Spoon drain it and plant out the area. It will attract birds and will be less lawn to mow.
I havent done this, but have you tried putting a Uno ‘Reverse” card there before the rain?
Build a.wall
Call council and speak to them. Every council has different guidelines for how overland flow and redirecting of water are dealt with.
1. No, your neighbours are not allowed to direct water onto your property like they have done.
2. Yes, it is completely reasonable to expect them to ensure that their drainage system keeps the water on their property.
3. If they refuse then you can go to the council, that’s what they’re there for.
This case is completely cut and dry (unlike your lawn, couldn’t resist). Your neighbours have altered the flow of water and directed it onto your property. They have a duty to rectify this, and if they don’t then you get the council involved.
No it looks like that v-drain is artificially funnelling water to the boundary and discharges through the fence directly onto your land. This is increasing the volume and flow of water entering your property. If you were just downstream of a flat land, that is very different but this is funnelling it down causing flooding.
Getting them to channel further down the side of their property to a legal stormwater discharge point is actually a very reasonable compromise.
I would not be agreeing to any sort of drain or stormwater pipes over your property. You’d need easements etc. over your property and is a terrible idea for you.
It’s not legal to direct stormwater like that, but you’d have to check that it wasn’t previously a creek line and where the natural overland water is and was. As for mixing grey water with storm water, that’s a definate no no.
I’ve been through this because of a dumb f*ck neighbour in Qld as well. In your case contact the council. They cannot divert the natural watercourse over the land onto a neighbours property. As they did this themselves last year they will be responsible for fixing it. I’d also let the council know of the previous grey water as well so it’s on record.
As i understand it, you are not allowed to alter the natural overland flow, causing it to be collected together and cause damage (due to the additional, heavier flow because its been collected together), however, natural overland flow is “natural”, the higher property will always flow into lower properties. Its a pretty grey area that the council tries to avoid and they will encourage you to mediate a solution, will be very hesitant to intervene via notices.
Youd need to show significant damage to the property, specifically the building envelope, to get any real traction, they dont care about your lawn…
The photos dont really help, does your neighbour have access to the dam from their property? You might offer to half the cost of extending that channel down their side of the fence line into the dam.
You dont really want to have that channel run down the fence line as the fence will just rot and collapse. Ideally a pit and large-ish pipe running under ground into the dam would fix it up. Not really hard to do if you can rent and operate a small excavator.
I would not rely on the council doing anything and be pragmatic and polite with your neighbour and work out a solution…
You can find all the regulations on the BCC website, i didn’t find them helpful and talked through the problems i had with my neighbours and came to a compromise.
Good luck!
The fact they had grey water running into your property is also a cause for concern.
“if the uphill neighbour has altered the land or redirected the flow of water, and the alterations have caused a negative impact on the downhill neighbour, the adversely affected neighbour may be able to take a nuisance action in relation to the water nuisance.”
https://queenslandlawhandbook.org.au/the-queensland-law-handbook/living-and-working-in-society/neighbourhood-disputes/rain-and-storm-water-problems-caused-by-neighbours/
Hmmm, your dam? Looks like the natural grade of land and the flow of water was always going that way. The neighbours trench just diverts it to the fence line more directly. Just dig a trench along the fence line to get the water to the dam quicker. You’re making a mountain out of a molehill. Use some commonsense
Just put in a french drain
Search for “concentrated overland flow QLD” it’s not legally permitted. Your stormwater discharge to the neighbouring land must be sheet flow. AI answer is : In Queensland, concentrated overland drainage refers to stormwater that has been directed, piped, or channelled by human activity (such as building, fencing, or land alteration) rather than following its natural, dispersed path. While property owners are generally required to accept natural, “sheet” flow from higher properties, they are not legally required to accept water that has been artificially concentrated or diverted.
QLD isn’t specific enough but what you are interested in is overland flow and changing overland flow in some municipalities is illegal which it sounds like what’s been done to you. I reckon go to council and plead your case.
I had a neighbour that had all of their roof’s water get piped into my yard from a storm water pipe that didn’t connect to any plumbing. Their pipe ran to the fence where all the water would just rush into my yard which was causing soil from under my high set to wash away. Brisbane Council doesn’t care about this and will just tell you to sort it out yourself. I had ag-pipe and gravel installed to divert it to the side of my yard.
With the water source being naturally occurring even if the method of it coming into your yard isn’t, you won’t get help from the council. Best to work with the neighbours as best you can. What about a channel built on your side of the fence (or theirs if they agree) that takes it to the dam?
Do you have any before photos? Log an overland land flow complaint with council. Photos always help.
Sadly, water flows where it wants. The neighbour is being cheap and lazy doing this. He could have consulted you but didn’t because technically, I beleive he doesn’t need to. I would personally talk to him and see if you can work out a mutually beneficial solution to this. It will only get worse. Good neighbour relationships are bloody essential.
I had a problem in 2022 with water flowing through a retaining wall down the natural slope of my hill. I stopped it with sandbags. Thank goodness. I have sured up the area by planting trees.
In permaculture, this is called a swale. It is a natural spot for trees which will consume the water. This should form part of the solution.
Did the neighbours explain why they did what they did (and not something else or nothing at all?
Check your Council’s Interactive Mapping for “Over-Land Flow”.
And, yes, your neighbour is responsible for any changes to the flow of any surface water.
Buy a pump and pump back into their yard. Did that with my neighbour and they redid their drainage fair quick.
Have a read of pages 70-84 of [https://catchmentsandcreeks.com.au/field-guide/a-public-guide-to-managing-stormwater-drainage-on-residential-properties-v2/](https://catchmentsandcreeks.com.au/field-guide/a-public-guide-to-managing-stormwater-drainage-on-residential-properties-v2/)
Asking them to re-direct their drainage ditch to go down to the small lake at the bottom seems like a reasonable request.
https://www.qld.gov.au/law/housing-and-neighbours/resolve-disputes
This seems to be the legal path you would take to resolve the dispute with your neighbour.
Tricky one. Third pic looks like there’s the land rises each side of the drain and I imagine this was the case pre-drain (as the first two pics indicate) and that there was always a shallow gully there that extends into your property, but as you said the drain concentrates the water in one spot on your land rather than it being a bit more spread out.
You can only try your local council first, but I honestly don’t think you’re likely to have much luck. Which LG are is this in if you don’t mind sharing?
Build a bridge get over it?
I’d be talking to a lawyer. Make sure you get as many things documented as possible.
That first image is making me dizzy
So It’s not actually their water. Naturally that water would move to the lowest part of the land, which in this case seems to be your dam. If the trench is just speeding that process along the only issue would be the lack of a connecting trench on your property.
If they have changed the drainage or slope and caused water to flow onto your property or concentrated water flow then they are liable for damages.
I’m not sure what you could claim if it is your lawn, but if they have contaminated your dam you might be able to claim the cost of a few truck loads of water to replace it. You might need a surveyor or hydrological engineer’s report or similar as proof that the damage is caused by their modifications to the drainage.
Digdug
My Mum and her neighbours either side got a (unnecessarily nasty IMO) letter from a solicitor about their stormwater about a fortnight ago. For 30+ years now, they’ve had the stormwater pipes just go to their back fences and letting the water run down over the vacant blocks behind (and below) them to a creek. Unsure what prompted the owner over the back to get upset about it all of a sudden but since it’s been pointed out, they’re getting the excavator out and getting it fixed properly – no pipes across the vacant blocks either, they’re going along the rear fence line and joining up with the other (much newer build) neighbour further down the hill and into the creek at that point.
Since you’ve tried talking to them and not gotten far, perhaps a (polite!) letter from a solicitor pointing out the error of their ways and requesting they rectify it might help.
Cry on Reddit