Property

2006
"Can your neighbour refuse to accept your storm water drainage?
Consider this scenario. You own land (Lot B) which has properties on either side. Lets call them Lots A and C. Since the early 1960’s Lot A has drained its stormwater into a pipe which crosses your land (Lot B), collecting your stormwater and then crosses your neighbour’s land (Lot C), collecting its stormwater and finally runs into an open stormwater drain owned by council. There are no easements over Lots B and C entitling Lots A and B to drain water over them. The owner of Lot C decides he no longer wishes the pipe in his property to carry your stormwater. Fiona Sonntag explains how the court may come to your aid. April 2006..

"Developing with Drainage Just how easy are drainage easements? by Ben Smits
Far too often a development site is acquired without the developer forming an appreciation and understanding as to how surrounding landowners will react to their proposal. There is a fine line between necessity and burden. In this article solicitor Ben Smits analyses the statutory, common law and planning procedures adapted to provide three main drainage remedies for the would-be developer. November 2006.