My sewer in the neighbour’s property

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Dr.Mario.S

Member
30 April 2020
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Hi All,

Unfortunately, we found out that our sewer line runs through my back neighbours property, which then connects to Sydney water in the rear lane.

Our neighbour has their own individual sewer line, separate to ours not shared.

We need to excavate a section of their property, which is a side access lane 1.2m wide, a section of which is concrete footpath & the reaming section is soil / garden beds.

The excavation works are a must to enable our sewer, to run freely without blocking up, which is now starting to be a constant issue.

In terms of payments I am happy to pay for everything & just get it sorted.

Questions:

  • What would be the next step if the neighbour will not allow us access, for the repairs?
  • With the concrete path we would only cut 40cm wide x 60cm deep, legally would we need to replace that section ONLY that was damage, or the entire concrete path? Entire concrete path section is approx. 6m2 damage section would only be 1m2?
  • In relation to plants / garden beds, are we liable for all cost’s associated with new plants?
  • Assuming all goes well, repairs are completed, if the neighbour plants a tree, where the roots destroy the newly installed sewer in a few years are we still liable for the cost?
Thank you for taking the time to read my questions

Regards,
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
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Sorry to cut across from left field (and I admittedly don't practice in NSW): Have you investigated the feasibility of disconnecting from that sewer and making an alternate connection which doesn't run through their property? Common sewers were a thing years ago, especially as a way to cut down on development costs for headworks charges. It may cost in the same vicinity, but you won't have the hassles of having to bug your neighbour in the future.