We are currently having a problem with our neighbours due to water runoff from our property to theirs. We live on a slope, and they are on the lower side of the hill. They are demanding that we put drainage along the boundary fence to stop water running into their property, and are threatening legal action. We have not landscaped our property yet (both houses are new builds, completed one year ago). Both properties have used 'cut and fill' to make an even surface for the house. There is a four metre strip of land between our house and the boundary fence, which was not affected by the cut and fill.
The neighbours organised the fencing quote and we signed off on it. We were told that the fence would follow the lay of the land, and that if a retaining wall was required anywhere along the boundary the neighbours would be paying. We came home to find that instead of following the lay of the land the neighbours had instructed the fencers to dig the fence down onto their level and the excess soil was dumped along our side of the property line. This resulted in the fence being lower than we had expected (we can see over the eight foot fence into the neighbours house from inside our house). We went and spoke to the fencers and they said we could backfill the soil along the plinth of the fence in order to eliminate the drop-off from them digging down to install the fence. We decided to accept this option and not cause drama over the fence installation. This is the only change that has been made to the natural lay of the land along the boundary, and it just makes the ground uneven, it does not change the direction of the slope.
We have not yet moved the dirt back against the fence (as we have not landscaped yet). I do not believe this would fix the neighbours issue with water running into their property from ours (natural rainfall), as it would still be a slope. Also, the increase in the drop is due to them having the fence installed lower, which was not our choice or preference. Our argument is that we are not responsible for rainwater running over the natural lay of the land into their property. Water runs from our uphill neighbours into our property too. We installed drains on that side as we understand that the runoff is a consequence of living on a hill!
What legal recourse (if any) do our neighbours have? Are we liable in any way? As far as we have been made aware/can see, the water has not caused any damage. It is just pooling beside the boundary fence on their side and they do not like that.
Thank you.
The neighbours organised the fencing quote and we signed off on it. We were told that the fence would follow the lay of the land, and that if a retaining wall was required anywhere along the boundary the neighbours would be paying. We came home to find that instead of following the lay of the land the neighbours had instructed the fencers to dig the fence down onto their level and the excess soil was dumped along our side of the property line. This resulted in the fence being lower than we had expected (we can see over the eight foot fence into the neighbours house from inside our house). We went and spoke to the fencers and they said we could backfill the soil along the plinth of the fence in order to eliminate the drop-off from them digging down to install the fence. We decided to accept this option and not cause drama over the fence installation. This is the only change that has been made to the natural lay of the land along the boundary, and it just makes the ground uneven, it does not change the direction of the slope.
We have not yet moved the dirt back against the fence (as we have not landscaped yet). I do not believe this would fix the neighbours issue with water running into their property from ours (natural rainfall), as it would still be a slope. Also, the increase in the drop is due to them having the fence installed lower, which was not our choice or preference. Our argument is that we are not responsible for rainwater running over the natural lay of the land into their property. Water runs from our uphill neighbours into our property too. We installed drains on that side as we understand that the runoff is a consequence of living on a hill!
What legal recourse (if any) do our neighbours have? Are we liable in any way? As far as we have been made aware/can see, the water has not caused any damage. It is just pooling beside the boundary fence on their side and they do not like that.
Thank you.
