NSW Asked to Remove Water Line - Where Do We Stand?

[Hond]

Hi,

I live in rural NSW and we have been accessing our water from the creek that runs through our property and up into the neighbour's property for the past 30 years. Our water line is in the ck above our property, ie on the neighbor's side.

Recently, we have been asked to remove our water line. We are a multiple occupancy and the pipe supplies 9 households. After 30 years of access, do we have a legal leg to stand on under Property Law?

 

[Lance]

Hi,

Who asked you to remove it? Was it the neighbour or a local government body?

 

[pugsley]

I also am vitally interested to have an answer on this. In our case, which is strikingly similar to the above, we have not actually been asked to remove the line, but that is our fear.

The creek is named on some maps but undeniably we have run it through thick bush across his property. I might add that he always has been very good about the scenario, but I am interested to know if we have any rights at all.

There are 10 families dependent on a one and one quarter pipe...

 

[Hond]

Pugsley, did you have a farm meeting yesterday by any chance?

 

[pugsley]

I am hoping to hear more info from anyone out there besides Hond (who may be closer than I thought}. Our friend above us is not persecuting us, but he needs the area neatened up, which is understandable and we will have to bring the line down lower which is a bummer because it will reduce pressure but it is our just deserts because the whole thing looks like a dog's breakfast that desperately needs cleaning up.

It still would be interesting to know the legalities of having an existing line in a creek for the last 30 odd years. Comments anyone?

 

[pugsley]

Hi,

Who asked you to remove it? Was it the neighbour or a local government body?

Thanks for responding Lance.

The person who asked us to move it is our good neighbour who has never hassled us, but recently he ran a road into the forest for his new house site and as it happens, his new bridge happens to cross the creek exactly where our pipe goes in, about a kilometre through the thick bush from where we are.

 

[Hond]

Yes, it was the neighbours who asked.