Yay or nay? Let nieghbour run drain pipe through my property?

[porp_e]

As the title suggests a neighbour has asked to run a drainage pipe along the back fence line of our property and out into the drainage reserve on the other side. My intial reaction, and my continued reaction after some research is nay but I'm hoping someone on here might have some experience with this and be able to provide some food for thought - the neighbour so far is not taking no for an answer and has asked to meet at the site tomorrow to discuss his plans (and presumably talk me into a yes).

I'm mainly hesitant due to all the 'what if' scenarios I can think of ie what if the pipe gets blocked or bursts, what if the trees I intend to plant damage the pipe and so on...for background where I live it doesn't rain for much of the year but when it does rain it's like a monsoon in which case a small drainage pipe isn't going to work anyway - is it unreasonable for me to say no to his request?

 

[wylie]

Is the drainage pipe carrying stormwater from his roof? Or ag-pipe drains that are keeping water away from his house?

Is he wanting the drainage pipe to be on your land?

I would be checking (with Council?) to see what the implications could be for you.

I know we looked at developing in the back yard of a house several years ago. One of the issues was the fact we had to pump either the stormwater or sewage to the street unless we could get the back neighbour to agree to allow us to break into their pipes. We sold the house recently having never gone ahead with the development but I would not have liked to be at the mercy of the back neighbour (block of townhouses).

Would be good if you could talk to Council before the meeting. Stand firm and tell him to need to check things out. Don't let him bully you.

Why can't he run it along the fence line but on his own land?

 

[jacbmw]

Without some substantial incentives to make it worth your while (either monetary or good will credits ), i wouldn't even consider it.

The easement and future development implications/restrictions may be pretty large!

 

[Aaron_C]

Well I don't encourage people to be NIMBYs but it sounds like the neighbour might have to run an easement through the rear of your property to get the pipe in. For that he has to compensate you but your land title will forever be encumbered by the easement. It doesn't make a huge difference to value I think as long as the pipe is at the very rear and there's no way that anyone would ever develop/build near the pipe in the future. But that's something only you can answer since it's your land.

 

[Propertunity]

It is reasonable to say "no", but that does not make for good neighbourly relations.

It is also quite common to ask for and receive $25,000 as 'compensation' for affecting your land into the future re resale etc.

 

[Aaron Sice]

you have a drainage issue in WA?

are you in Midland?

if it were my property and it affected niether the current or future prospects of my lot, i'd just let them do it.

why?

because i would want someone to understand and do that for me if i were on the asking end.

 

[Aaron_C]

you have a drainage issue in WA?

are you in Midland?

if it were my property and it affected niether the current or future prospects of my lot, i'd just let them do it.

why?

because i would want someone to understand and do that for me if i were on the asking end.

what are you talking about? You should NIMBY it up

 

[womble66]

Just for those like me that went 'NIMBY', whats a NIMBY???

http://en.wikipedia.org/wiki/NIMBY

NIMBY or Nimby is an acronym for the phrase not in my back yard.

 

[porp_e]

Just for those like me that went 'NIMBY', whats a NIMBY???

http://en.wikipedia.org/wiki/NIMBY

NIMBY or Nimby is an acronym for the phrase not in my back yard.

Just for those like me that went 'NIMBY', whats a NIMBY???

http://en.wikipedia.org/wiki/NIMBY

NIMBY or Nimby is an acronym for the phrase not in my back yard.

lol! Thanks! I had to google it also when I saw it.

Thanks for all the advice, much appreciated as always. Gave the council a call today for some more info then met the neighbour on site and the issue is not what I thought. Looks like what has happened is neighbours house has been built lower than it should be (ie slab is low looks like too much dirt taken off his site) and our block has somehow ended up with excess soil (prob from the neighbours earthworks!) with our house/land around it sitting about 300mm higher than his. So what I thought was him been paranoid about drainage on his level block is actually a valid concern and is my issue now as I'm pretty sure we have to ensure excess water does not run onto anothers property? I feel like sticking my head in the sand on this one - don't think that's an option however.

Have told him I will call him tomorrow after speaking to my builder, I sort of feel like the builders should be sorting this issue not us but I've checked my contract and I fear I may not have a leg to stand on. Seems the solution to put a pvc pipe to drain excess water from his lot under our fence (connected to a rain water drain in his yard) sounds pretty sensible given the other option of building a retaining wall which will cost me a kidney out here.

Sorry to write so much, given the turn this has taken I thought I would put all the details out there in case anyone has any further helpful suggestions?

 

[Aaron_C]

Ask for compensation. He has to pay-up in this case because proper drainage is essential

 

[RumpledElf]

Hrm, we broke into the neighbour's pipes today.

Considering they were 1m in from the fence in OUR backyard (undocumented of course) and exactly where the plumber wanted to stick our pipes, he just connected them together, with the neighbour watching, while assuring us all it was perfectly legal. The sewage line runs through the back of our yard, again undocumented.

Or perhaps he was threatening someone with his thumping great enormous backhoe and its not legal at all, bit hard to tell

 

[porp_e]

Ask for compensation. He has to pay-up in this case because proper drainage is essential

Hi Aaron C - are you saying we should ask the neighbour for compensation? I think his take on this is that we have to ensure our (now much higher block) does not flood his property due to water run off - pretty sure I read something about this in another thread? .... have attached a picture of what 'rain' looks like out here in a backyard with no drainage (please excuse the weed like vegatation, lawn mower was broken! )- the photo was taken after half an hour of Summer rain, wish I could find the photo where I'm standing in it, the water was up to my ankle

I think definately his builder has stuffed up (his slab is almost level with the ground rather than being build up on a 'pad') but seems to be our house is now on a 'hill' rather than the level block it was before - he says he will sign something to say he will remove the pipe if it becomes an issue or we want it gone but I dont know... the whole thing has thrown me for a loop.

 

[porp_e]

^RumpledElf just read your post, not sure if it was meant to be reassurring but somehow it was, makes me feel a bit silly to be making such a fuss about a somewhat documented rain water pipe

 

[Aaron_C]

Hi Aaron C - are you saying we should ask the neighbour for compensation?

Because of how our property laws work here, it is not your responsibility to ensure that his property has proper drainage just because your block is higher. If he wants you to install a drain on your property to protect himself from being flooded, fine!

But, he has to pay for that privilege because it costs you money, and because it can create an encumbrance on your land (assuming he is going to create an easement on that pipe to ensure you don't simply remove the pipe any time you wish!). An easement for a pipe isn't a big deal (doesn't affect the value much, if at all if it's along the back fence etc) but you should make him pay up in any case.

 

[RumpledElf]

^RumpledElf just read your post, not sure if it was meant to be reassurring but somehow it was, makes me feel a bit silly to be making such a fuss about a somewhat documented rain water pipe

I think you'll find what the plumber does and what the council wants you to do won't necessarily be the same thing

I'm still dreading the bill though. They've been here two days now and are coming back again at the end of the week.

 

[porp_e]

Thanks all for the replies. Decided to go nay in the end (after many calls to my builder, his builder, council, realtor ...), neighbour was good about the decision. Interestingly though council confirmed its block owners responsibility to ensure no 'excess' run off occurs from my property onto anothers - houses here are built with no gutters/downpipes so has something to do with that I think....easy (and less intrusive) fix though we can put a barrier at the fenceline.

Now fingers crossed no other neighbours ask me any curly questions, lol