VIC Combined Sewer Line. How to recover cost

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Ericad1976

Member
10 August 2021
2
0
1
Hi, I live in Footscray in Victoria. I share a combined sewer pipe with two other neighbours. Recently it was blocked on my side and I’m the last property before it connects to the mains in the street. I’ve received plans to confirm this. The neighbour behind me is a vacant block. There was once a house that was burnt down (illegal marijuana crops growing in entire house) The other neighbour has mental health issues and cannot pay any bills which his sister has confirmed that this is correct. I know someone who works at the titles office and can confirm that they both own their properties in full with no mortgage. I know that all of us three neighbours are responsible to maintain the shared sewer line. This has been confirmed by the water authority. What is the process of trying to recover the partial cost from my two neighbours if I’ve already had to pay to unblock the shared sewer pipe. Also, the three plumbers that have come out said that the pipe will block again within the year because of the cracked terracotta pipes. This will incur additional cost to constantly unblock the pipes.
To recover cost from my neighbours it’s not clear whether this is VCAT or the magistrates court? I tried to call VCAT today and they didn’t provide any assistance. They just told me to hop on their website.
Also, can I get a caveat put on their title?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
can I get a caveat put on their title?
No. You don't have an 'interest' in their property.

Magistrates' Court, not VCAT, if the neighbours do not pay. Even the vacant block is likely liable for 1/3.
 

Ericad1976

Member
10 August 2021
2
0
1
Thanks Rod,
The plumber has found a solution. We are applying to Greater Western Water for an independent sewer pipe for my property only. The other two neighbours will have a combined broken pipe that they will share on my property. As there is no easement on my title my understanding is that I don’t have to let them on my property. Which means they will have to reline the pipe from their end. This will end up costing them 30k (15k each) If they were reasonable now it would only cost us 4K each.
It’s cheaper for me to do it this way instead of fighting them in court
Cheers, Erica