VIC My responsibility on my land

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MR PK

Member
2 June 2020
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I have an issue with a neighbor. His garage wall sits on my backyard fence line. Not considered part of the fence but separates the two properties. He has issues with his foundation due to water damage, water goes into his garage from holes in the wall and foundation when it rains a lot (not visible holes due to below my backyard). My backyard grass is 3 bricks higher than his property line and the grass is flush to his wall. Insurance won't repair any cracks and foundation until the water is stopped. The solution was suggested that i fix my backyard with piping etc to redirect water away from the wall at my expense. Since this is not my garage and doesn't affect me am i obliged to do so? Keeping in mind this is all from heavy rain only. Where do i stand?
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
Depends on who altered the ground levels. The person altering the ground level pays, unless your yard has been altered to redirect the flow of water.

If the neighbour altered the land, I'd be offering him the right to put drainage on your side at his cost which also includes a flat strip that can be used as a mowing edge. Saves you have to whipper snip that portion of the yard.

If your yard has been raised or altered to redirect water, there is a possibility you could be up responsible for your neighbour's damages.