Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law
This answer was rated:

Since my neighbour built his house next door, he's removed

Hi, since my neighbour built...
Hi, since my neighbour built his house next door, he's removed the 'levy bank' that was adjacent to our property. All the other neighbours above him have this small levy bank, which sends the rain/groundwater to the back of each property, where there is a gully (a designated water run off on Lockyer Valley Regional Council plans). Since the neighbour has removed the levy bank, my shed floods, we've been inundated with water under our house to the point that the septic and grey water tank lids have popped and they received soil and water inside from this run off. I've contacted our local council, Lockyer Valley Regional Council and been told there is nothing they can do and suggested I build a drainage trench along my fence line, to take the water away and direct it back to the gully at the back of all our properties. I did this and erected a 1.9 metre corrugated fence, inside our existing fence line to help to direct the water. This has cost us quite a bit of money so far and it's not finished yet. We are still getting run off from our neighbors property and the drain requires constant maintenance, eg: digging out the soil that washes into it and fills it up and the spraying of weeds to keep it clear (a requirement of the council). The council have been no help whatsoever, the insurance company doesn't want to know us and the neighbour doesn't care and doesn't want to know about it (we've tried talking to him several times and gotten no where and says it's our problem not his). We've lived here for 5 years and never had this problem before, even during the 2013 floods. Is there anything we can do, or do we keep building this huge fence? (we have 1 1/2 acres of property). thanks
JA: What state are you in? It matters because laws vary by location.
Customer: Queensland
JA: Has anything been filed or reported?
Customer: I have contacted the local council on several occasions and even had the Environmental people come out to look but they tell me that there's nothing to be done as water flows downhill and we are downhill.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that's all thanks
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 10 minutes by:
10/23/2017
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,828
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Verified

Hello
Send a demand letter to him, demanding payment for the damage.

Take photos, prove the damage and have a quote undertaken from a tradie to confirm how much it will cost to remedy.
If he chooses not to make payment, all you can do is sue them in court.

It is a civil matter, they caused the damage and it needs to be paid.

If the damage is under $25k, you can file in QCAT:

http://www.qcat.qld.gov.au/matter-types/minor-civil-disputes

I wish to help you in this situation.

Please click accept / rate my service (WITH THE STARS). I am able to answer further questions after doing so at no further cost to you

Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,828
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Verified
Daniel and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thank you for your help. After reading your reply, I am stunned that our local council and the building planner who spoke to me, told me that there was nothing I could do, they even told me, there was no 'dispute or resolution' option for us at all and when I asked if there was anything 'legal' I could do, I was told no. We have already spent thousands of dollars on the fencing to this point but, we did not take photographs at the time, as we were under the belief from the council, that there was nothing we could do. We had previous to this, paid a contractor, to do civil work, to put a 'pool pad' for an above ground pool we were paying off and this was washed away. To give you an example, last night there was a storm and although the drainage ditch and corrugated fence we've already built, helped, we still have had about a tonne of his sandy topsoil wash over to our place and into our dam, as it's the only way we can direct the water away from our house area. We really don't want raw sewerage from our septic tank, running under our house again. I had thought, that our local council would be more helpful, knowing that the raw sewerage from our septic tank was now under our house and all through our block. We don't particularly like that we have had to put up this corrugated fence (2 metres inside our boundary and ugly to look at) and the drainage ditch (which we have to take care of, neighbour won't kill weeds on his side of the fence line and they end up in the drainage ditch which we then have to maintain and clean out) Thank you again for your help and I'll see what we can do.

All the best with it.

Ask Your Own Australia Law Question
Ask Daniel Your Own Question
Daniel
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,828
5,828 Satisfied Customers
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

Daniel is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Daniel

Daniel

Solicitor

5,828 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

John Melis

John Melis

629 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I own a property at North Lakes and the tenant advises me
Hello, I own a property at North Lakes and the tenant advises me that two neighbours are throwing rubbish and bottles into the yard. This has resulted in the tenant now wanting to vacate the house. Th… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
How can i find out if my fathers property was still in his
how can i find out if my fathers property was still in his name and owned by him when he passed away a few years ago? … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
In regards to child molestations with myself as a child.
In regards ***** ***** molestations with myself as a child … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I'm not sure if this complaint falls within your
i'm not sure if this complaint falls within your juridisdiction, but I am unable to find any relevant body on the internet that may deal with such issues. … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
My wife was abused as a child. She acted out and abused
My wife was abused as a child. She acted out and abused another child. It went to court and she received a good behaviour bond. The mother of the abused child is ring us and threatening to take it to court unless we pay her. This was ov3r 20 years ago. Is there a statute of limitations on a damages claim against a child offence? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I have a sister that keeps defaming on facebook along with
I have a sister that keeps defaming on facebook along with some her friends who I don't even know. How can I stop her doing this asap?? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I co own a house in Victoria. The other owner refuses to
I co own a house in Victoria. The other owner refuses to co-operate to sell and divide proceeds. How do I get a Court Order without a lawyer (I am an age pensioner) … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I need to know about clerks awards level 2,3,4,?,,,,thank
i need to know about clerks awards level 2,3,4,?,,,,thank you. … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I was molesterd multiple times growing and i need help in
I was molesterd multiple times growing and i need help in reporting my offenders to police… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
John, I have accepted to pay for a call, I am available now
Good morning John, I have accepted to pay for a call, I am available now if your able to call me please. I definitely need your assistance with this matter. Thank you.Karen.… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My sister has just passed away, she stated she had a will
My sister has just passed away, she stated she had a will but we have been through all her stuff and cannot find anything that resembles a will. … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Australian invention support, Dear Expert, Is there any
Australian invention support,Dear Expert ,Is there any organization or companies in Australia that can help me with developing and marketing my inventions ?Many thanks… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Im trying to find out if by using my ID number, i can trace
Hi Im trying to find out if by using my ID number , i can trace my parents details and ID numbers? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I was put off yesterday after 5 months in the job. The
I was put off yesterday after 5 months in the job. The reason I was put off was that I had an argument with a Drafts person on Friday 17 of November. After the arguement the Drafts person quite and wa… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Can a co executor act on behalf of a working non dependant
Can a co executor act on behalf of a working non dependant who is not a benificiary in a will. … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My question relates to right of way on section of our
My question relates to right of way on section of our private property that has been used as a walking track for 12 years. Council maintains weeds and grass on it. We want to subdivide and close it. C… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I'm a property investor and recently my loans have come out
I'm a property investor and recently my loans have come out of their fix rate entitlements. I've asked the bank if I can extend my loan for a further 30 years or some term like that so I can pay off t… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Will try to be as brief as posible 2007 i was involved in a
hi my name is ***** ***** try to be as brief as posible 2007 i was involved in a car accident in 2012 the case was settled by Brydens on my behalf ,2016 i got a letter fro aawc ins there was an oustan… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x