Works on my side of boundary to protect neighbours property

Can my neighbour compel me to build better drainage of ground water (agi pipes to legal point of discharge) on my property. Unfortunately his building has a wall that is on the boundary and he claims that water due to inadequate drainage/level of land on my property at the boundary is causing structural damage to his property.

He is happy to pay for it but I'm not keen on providing access or putting things in my property that do not materially benefit us

To me building to the boundary carries a risk of this happening and his design was poor and he needs to look for solutions on his side of the boundary

 

You cant legally discharge water onto a neighbour property but a neighbour cant prevent natural run off either. Its all about changes to your site and redirection. Stormwater on your site is supposed to be discharged to a legal point (ie stormwater point). If you arent meeting that obligation they may have a issue. Ag pipes arent a form of legal discharge.

Australian Standard AS/NZ 3500.3 states that roof water and surface water should be collected and discharged through underground pipes to legal points of discharge

Seek plumber / legal advice.

 

You haven't said if his construction with zero setback from side was legal/approved.
Did his construction change how stormwater drained or naturally ran off from your (or his?) property?

If you just want to be compensated then you might be able to grant an easement to him on your terms (ie at his cost).

 

I am sure he had private surveyor approval when it was done. Not my problem really as I am not allowing him to even have access let alone do any work on my side of boundary

 

I would be getting some advice (legal, plumbing. At least talk to planning dept at your local council) if I were you. It could be more costly to not allow access in the long run.

 

Had the same problem, except my neighbour ran stormwater pipe, water pipe and electrical conduit on my side of the boundary before I bought the house to power his pool and garden shed. Must've had a good relationship with the previous owner.. I'm wondering if I should tell him to remove all of it.

 

definitely!

 

Or just dig a post hole ?

 

In vic (not sure about qld) if someone uses a neighbours land for certain purposes (drainage/sewer/overhanging eves/footings etc), after a certain period of time an easement called a prescriptive easement can be created, where that person gains the right to continue to use that land for that purpose.