Neighbour Deliberately Cut off Access to Shared Stormwater Downpipe. Remedies?

scottishdave on 12/10/2018 - 06:54
Last edited 12/10/2018 - 07:28 by 1 other user

After myself and a number of others put in submissions to my neighbour's DA for oversized extensions she has declared war on all those who did submissions. I am in a heritage listed row of 120 year old terraces. Every 2 terraces share one downpipe off a shared gutter. My neighbour and I share one downpipe and the downpipe is on her side. Yesterday, without notice, my neighbour got a handyman to block off my access to the downpipe on our shared gutter. Here in NSW, we are getting rain after months of hardly anything so she chose her timing well.

Apart from forking out thousands to get my own downpipe installed by plumbers can anybody suggest any other remedies? I will ring a couple of lawyers later in the day after I get some feedback from you guys and do some web research. I find it best to get some background information on a particular question before talking to lawyers as I don't want to spend money on being told the basics by a lawyer.

Home & Garden

Comments

  • o53djz7qTPY4der on 12/10/2018 - 07:07
    +6

    A down pipe won't cost thousands. I would say it's a DIY/Bunnings job.

    That said, your neighbour sounds lovely.

  • klonky on 12/10/2018 - 07:08
    +23

    First thing you need to do is call your council planning department. If she is violating heritage controls then it's on her and council will tell you what you can do

  • RockyRaccoon on 12/10/2018 - 08:00
    +17

    Check your title, given that the rest of the terraces also share downpipes, it’s likely this sharing is an easement that is legally set up.

    As such you have a right to access which she is denying. If so then give her notice that she will be liable for any damage should this easement exist.

    Btw give her notice subject to that condition even before you determine the easement right.

    If you don’t have access to the details (check your home purchase papers) council will have the details.

    • HighAndDry on 12/10/2018 - 10:33
      +3

      Pretty much this. Though considering the age of the buildings, there may not be a registered easement but rather an implied one which would mean more work for OP, but also that just because one doesn't show on the title doesn't mean it doesn't exist.

  • chumlee on 12/10/2018 - 08:00
    +4

    Call council and maybe even water authority.

  • Typical16-bitEnjoyer on 12/10/2018 - 08:26
    +9

    Whenever she walks out her front door, run outside, turn on your hose and soak her.

    When she yells just apologise and say your downpipe isn't working properly.

  • redforever on 12/10/2018 - 08:56

    so does your gutter just overflow? is there body corporate? if so, get them to resolve this.

    or are you referring to having access to fill your rain water tank?

    • dust on 12/10/2018 - 09:04

      It sounds like an overflowing gutter/waterfall down the side of the house.

      • altomic on 12/10/2018 - 09:46
        +7

        Ahhh, the house now has a tranquil water feature. Value ^ $6,000

  • whooah1979 on 12/10/2018 - 09:06
    +2

    My neighbour and I share one downpipe and the downpipe is on her side. Yesterday, without notice, my neighbour got a handyman to block off my access to the downpipe on our shared gutter.

    please link images.

    • Gandalf the Thrifty on 12/10/2018 - 09:13
      +7

      MS Paint diagram is OzBargain approved method

    • pjetson on 12/10/2018 - 09:39

      Yes, or draw us a MS Paint diagram.

      • elgrande on 12/10/2018 - 09:43

        Please mark the down pipe in question with a red circle or arrow.

  • elgrande on 12/10/2018 - 09:45
    +3

    I would seriously consider opening the down pipe and pointing it towards your neighbors property so that the excess water runs into their yard. Your gutters may fall off if they carry too much water for too long

    • k-rokfm on 12/10/2018 - 11:32

      fall off or completely flood the roof as well

  • good grape on 12/10/2018 - 10:38
    +1

    btw any works on listed heritage items will more than likely require a DA and a heritage report, so you probably should not go installing your own downpipes.

    Give council a call they will help you with that if a shared downpipe is blocked.

  • tomsco on 12/10/2018 - 12:12
    +3

    Just noticed this on Whirlpool: https://forums.whirlpool.net.au/forum-replies.cfm?t=2757696

    May have some information that may help.

  • pjetson on 12/10/2018 - 12:19

    I think what the OP is saying is that there is a single section of gutter that serves both his house and his neighbour's house, but the only downpipe for that section of gutter is on his neighbour's property.

    The neighbour has blocked the gutter at the edge of her property so that the water in the OP's part of the gutter no longer has a downpipe. Basically, the neighbour has indulged in a spiteful act - what she's done doesn't seem to have had any other purpose.

    The only real option I can see is for the OP to clean his own gutter and "accidentally" remove the block. Or perhaps to drill holes in the block to let the water through.

    However, I'm guessing that the houses are two storey, so the OP might not have a way to get onto the roof or might not have a suitable ladder to reach the gutter.

    • whooah1979 on 12/10/2018 - 13:44

      a $5 tin snips and a 6m ladder should be able unblock it.

    • scottishdave on 13/10/2018 - 15:44

      The handyman actually cut through the gutter then capped each of the cut sections. My neighbour must have thought about me cutting through the block! Both terraces are single storey. A footnote, my innocent neighbour in the terrace on my other side, who is slightly downhill, is now suffering as my rainwater is now flowing into his gutters.

    • whooah1979 on 12/10/2018 - 14:19
      +1

      OP…you saw fit to stop your neighbour enjoying her property

      the residents exercised their legal rights to block a da. what the neighbour may have done out of spite may not be legal.

  • [Deactivated] on 12/10/2018 - 22:13

    You need to fix this ASAP or else the gutters will overflow and flood your loft. When I had my gutters replaced it cost $150 for each downpipe (single story) so I don't imagine it will cost more than a few hundred dollars to get a downpipe put in.

  • pjetson on 01/11/2018 - 20:29

    What was the outcome of this?

    • scottishdave on 03/11/2018 - 17:10
      +1

      I ended up getting a plumber at a cost of $500 to install a new downpipe, connect it to the stormwater and put 2 spouts into the existing gutters.

Login or Join to leave a comment
Login Join