Nuisance Neighbour Blaming Us for Their Plants and Grass Dying

LJamasterjay on 02/11/2023 - 17:48
Last edited 03/11/2023 - 06:16 by 1 other user

Hi guys, our single property sits higher than the backyard neighbours 2 story house, we are at least 1.5 metres higher from there natural ground to ours.

They have complained, and raised a complaint with council, that we have water run off that has destroyed some of their plants and grass, they have well established trees, and it has apparently occurred within the last 6 weeks.

Our question is there is no unreasonable water run off as his back fence is at least 1.5 metres of retaining wall sand soil.
The properties are at least 22 years old, and nothing has ever occurred in this time. He has no way of knowing if there is water runoff, there's not, as he cannot see or ground. Also, they have a massively large tree trunk tree that looks like it may be taking more water and nutrients from the surrounds as our grass opposite the fence does not grow any more.
We have CCTV and on numerous occasions stray cats, about 7, randomly wee on that tree and most possibly their plants and lawn, from atop of the fence, possums climb the trees cats climb the tress we have had brush tail turkeys roaming to, we have found at least 8 dead birds on our property from the stray cats.

How would council investigate this complaint? As we have had our lawn issues as well. There is no unreasonable water from rain. We have upper part concrete and majority natural fall is into our lawn. I feel that the animals roaming around at night have caused this and the extreme heat back in September has caused the damage. There are too many anomalies to finger point water runoff from our side and we can also see that they constantly water their garden on nearly a daily basis. So, it wouldn't be water as this would encourage growth. To note their trees, provide privacy and shade on both sides.

What can we expect from council? Do they have reach in these matters? Or is this a civil issue?

Any positive feedback.

Cheers.

Home & Garden

Comments

  • Pcosmic on 02/11/2023 - 17:55
    +8

    Continue living

  • Muzeeb on 02/11/2023 - 17:55
    +29

    Any positive feedback

    Not a chance from me. I primarily focus on negative shit.

  • Switchblade88 on 02/11/2023 - 17:56
    +8

    Thanks for contacting OzLocalCouncil, a lawyer will be with you shortly

    • Protractor on 02/11/2023 - 20:35
      +8

      All our lawyers are busy with uninsured car claims at the moment. Please take a ticket

  • bobvegas on 02/11/2023 - 18:10
    +3

    Some councils allow what I think is called broadcast drainage, that means downpipes from roof don't necessarily have to go into drainage pipes, but into your yard where it runs away. If that were to be the case I don't think the council would do anything, but the neighbour can sue you. You did not mention a lack of correct drainage so don't think that's relevant .

    Our grass is dead around a large macadamia tree, also had a orange tree die that was near a giant bamboo tree. So your idea that a large tree is drinking up all the water could be true

  • holdenmg on 02/11/2023 - 18:11

    Maybe they have a Broken Water supply line.

    If they turn off all their taps and their water meter is still spinning like a roulette wheel, that is it.

  • AngoraFish on 02/11/2023 - 18:25
    +4

    It's a civil issue, council won't get involved.

    If it got that far most states offer some kind of dispute settlement centre to facilitate mediation if necessary. See for example
    https://www.disputes.vic.gov.au/
    https://www.cjc.justice.nsw.gov.au/

    It'd be better if you just talked it out with the neighbour, which is all mediation will end up being. The onus is on them to prove what caused the damage and the source, they can't just speculate and then leave it to you to refute their imaginings.

    As you say, it's very unlikely to be water, but if it is then you wouldn't necessarily be able to see it on your side as it would be collecting underground behind their retaining wall and weeping out through the gaps. This is possible, because there can be a lot of water in 1.5m of soil. Regardless, it's unlikely to be your problem unless there's a broken pipe or something as a percentage of water normally flows downhill and you are not required to catch all of it, only any excess that you might generate beyond the normal hydrology of the area.

    Also, where's there's water there's mud. If their lawn isn't saturated it's not excess water.

    If it is water your neighbour has contributed to the problem by cutting into the site to level their lot and constructing a retaining wall, exposing their property to groundwater flow. It's their wall and therefore, for the most part, their problem to deal with. The drainage behind the wall could in theory have failed over time due to getting clogged with fines, or similar. If need be they might need to excavate behind the wall and drop in some fresh screening rock and an ag pipe to redirect any groundwater to the nearest drain.

    Hard to know what it might actually be without more details. Urinating animals will leave the lawn yellow and then dead. Possums will defoliate the tree or shrub, we've lost several trees because of possums. If the wall has been there for 22 years a lot of the garden would likely be that old as well. 22 years is about the usual lifespan for many household garden plants.

    A photo of the yard would help.

  • JimmyF on 02/11/2023 - 18:41
    +5

    Do you live next to this person by any chance?

    https://www.ozbargain.com.au/node/809027

    • Some Human on 02/11/2023 - 20:17

      I thought it was a troll post when i saw the title

  • JimmyF on 02/11/2023 - 18:44

    They have complained, and raised a complaint with council, that we have water run off that has…….

    Well do you have water running off from your property into theirs? Might be time to have some drainage installed and have a look outside when its raining heavily to see what is really happening out there.

    Might be your gutters overflowing causing excess run off.

    our single property sits higher than the backyard neighbours 2 story house, we are at least 1.5 metres higher from there natural ground to ours.

    As your property changed the course of the land, then you are meant to control the water run off as well as part of that.

    • Jamasterjay on 02/11/2023 - 22:13
      -1

      There is no unreasonable amount of water at all
      All gutters are connected to drains
      Just a spiteful way to blame when they have no answers them selves
      My grass is not growing behind the large tree so I should have to put a complaint on them in return.

      • JimmyF on 02/11/2023 - 22:24
        +2

        There is no unreasonable amount of water at all

        In your view, have you been outside when its raining to see what is happening? Maybe go over and had a look at their issues when it is happening. Your property changed the course of the land, you are required to manage the water run off now.

        Just a spiteful way to blame when they have no answers them selves

        I see…

        My grass is not growing behind the large tree so I should have to put a complaint on them in return.

        Yes totally not spiteful at all.

        • Jamasterjay on 02/11/2023 - 22:56
          -1

          Water does not run toward fence its sloped and natural fall to the lawn
          If there were issues it would be showing years ago and with every down pour of rain
          There trees and plants and roots which have penetrated under the lawn.
          The other neighbours overflow drain 4 metres away was rooted and damaged by their trees

          • Protractor on 02/11/2023 - 23:05
            +1

            @Jamasterjay: Lots of complaining about that tree popping up from you, and somehow your DNA free tests 'prove' that the roots in someone else's drains belong to the tree. How about some pictures to reinforce your claims. Just grab some from your spy camera data.

          • JimmyF on 02/11/2023 - 23:14

            @Jamasterjay:

            Water does not run toward fence its sloped and natural fall to the lawn

            Have you confirmed when its raining? Surely next door has photos of this water damage if they have raised a complaint with the council.

            If there were issues it would be showing years ago and with every down pour of rain

            Maybe something has changed, it does happen

            There trees and plants and roots which have penetrated under the lawn.

            That is what plants do…. shocking I know, but they have roots.

  • Baysew on 02/11/2023 - 18:44
    +3

    Maybe just wait to see what council comes up with.

    • holdenmg on 02/11/2023 - 18:49
      +5

      My Council would shred the letter in an environmentally friendly manner.

    • Jamasterjay on 02/11/2023 - 22:19
      -1

      Well im sure they have better things to do
      These retires have nothing better to do
      Nothiing against them just this one

  • Dollar General on 02/11/2023 - 19:41
    +2

    Do they have evidence of the run off of water? Without it no party will be interested in investigating. Even you shouldn’t bother yourself with it if no evidence exists

    • Jamasterjay on 02/11/2023 - 22:16
      -1

      We have CCTV footage of cats walking on the fence line and pee ING on that particular tree
      Also footage of possum on the fence line
      And would you believe 2 large turkeys
      I'm sure all the animals have been through there garden for quite sometime on many occasions

      • Some Human on 03/11/2023 - 03:25

        When you mentioned brush tail turkeys in the OP, I thought you were a victim of autocorrect and meant to write possums. Seems like an odd animal to keep in a backyard.

        • morse on 03/11/2023 - 05:21
          +3

          Brush turkeys are native to Australia- you don’t really get a choice of whether they are in your yard, they invite themselves.

          • Some Human on 03/11/2023 - 10:00

            @morse: Okay thanks. I've never seen one.

            • morse on 03/11/2023 - 10:59
              +2

              @Some Human: I see you’re in Victoria. They are mainly in the east coast of NSW and QLD. They are quite cool and sometimes a nuisance. They build large (like 2m wide 1m high) nests for their eggs. The male tends to it for months adding and removing sticks to keep the temperature exactly right. It’s illegal to disturb their nests, so if one chooses your yard for a nest you’re stuck with a big messy heap in your yard. They come back year after year to the same spot too. They can also become a bit cheeky in urban areas. I’ve had them have a look through my bag for food when at the creek, they’ll go through unattended bags whilst people are swimming. Anyway, they are quite endearing and very much a part of life where I live.

  • Protractor on 02/11/2023 - 20:32
    +1

    Why is your CCTV monitoring their tree?

    • Jamasterjay on 02/11/2023 - 22:17

      The camera is pointed to the yard it ust catches the tree as its quite large and old

  • Protractor on 02/11/2023 - 23:03
    -1

    So pointed to the neighbours yard,then.
    Cats urinate at ground level. Your camera is basically a spy camera. WTH do turkeys and possums have to do with the issue?
    Methinks your neighbour is onto it.

    • Jamasterjay on 03/11/2023 - 14:27

      Elevated land, so obviously where camera is mounted is naturally going to look down
      Hmm you must have no 2nd story builds with cameras pointed down
      Oh you live in an apartment block

      • Protractor on 03/11/2023 - 15:05

        Do you like invading their privacy, or do you consider they are a risk to you by coming over the fence? To do exactly what? And what previous issues and conflicts have led you to this point, of involving an entire forum to chip in?
        You are the one calling them a 'nuisance'. So is that based on this one single event is it?

        What ,other than envy, makes you look down on 'retirees'?

  • morse on 03/11/2023 - 01:31
    +1

    He has no way of knowing if there is water runoff

    How would council investigate this complaint?

    Your whole post focuses on whether there is any evidence or not (of exactly what I’m unsure), this seems really suss. What’s really going on here?

    • Protractor on 03/11/2023 - 10:06
      +1

      You're onto it. OP whole focus is monitoring on his neighbour via CCTV. He has nature docos of the backyard, right down to the base of their prize tree.A tree the OP can't stop hinting at is a nuisance.Now the same neighbour is having 'inexplicable' impacts on their garden around where the same zeroed in on tree resides.Go figure

    • Protractor on 03/11/2023 - 10:19
      +1

      Soil tests for chemical residue, not of the neighbours doing?

  • Archi on 03/11/2023 - 07:50
    +4

    Any chance your neighbour complained about your BBQ and shed or hassling you about growing flowers in a garden bed next to your fence.

  • Protractor on 03/11/2023 - 10:27

    All this time and you have never wanted to deal with the cat plague you says is impacting the area?

  • Zeph101 on 03/11/2023 - 10:53
    +3

    We had a similar issue with our neighbour when we moved in about a year ago. The street is on a slope and she is at the bottom of it all so the water naturally goes downhill. She had the shits and wanted us to fix the issue as the lady we bought it off wouldn't do anything.

    Checked with council and solicitor, as it was the natural flow of the water, there was nothing that we needed to do. If the water was an issue it was something that she had to sort out on her property.

    If however we had of built a structure and it diverted the natural path into her yard then yes we would have had to have done something.

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