QLD Looking for law on altering water flow

[Wobby77]

Well, after 23 months, and all authorities backing off despite saying they would prosecute the neighbour based on our proven supplied evidence, nothing has changed. He built a fence on top of a retaining wall, then filled it to make his property that was lower than ours, is now 40cm higher. Then he built another levee to redirect water from his property onto our also. It dammed us in and has damaged our pool area as the water gets pushed through and past the pool. We warned him, he didn’t fix it or stop it.


I was advised yesterday that my friend that was being sued by a solicitor (yes!) Had their claim dropped against them due to the paperwork I researched and sorted for them, so I am going to sue the neighbour. That was not my first rodeo either.


So I am onto all other applicable laws that he has broken for statement of claim etc., but the one I cannot find is the law, act whatever that states that someone CANNOT alter the flow of overland water. IE a downhill neighbour must accept overland water flow from rain. And that you CANNOT purposefully alter the direction of water onto another person’s property. Any and all info or specific laws greatly appreciated. I’m not as sharp as I was 5 years ago, but still doing pretty good, maybe I just don’t have the right key words. Cheers

 

[Rod]

Check this out: Rain and Storm Water Problems Caused by Neighbours

and this : Nuisance Law in Queensland

Then see if the dispute neighbourhood centre can help.

If you end up suing for nuisance you'll probably need help from a lawyer. Nuisance can have a statutory basis (law passed by Parliament) and common law basis. You seemingly have a cause of action under common law, but I don't know Qld statutory laws and whether they can help.

 

[Wobby77]

Check this out: Rain and Storm Water Problems Caused by Neighbours

and this : Nuisance Law in Queensland

Then see if the dispute neighbourhood centre can help.

If you end up suing for nuisance you'll probably need help from a lawyer. Nuisance can have a statutory basis (law passed by Parliament) and common law basis. You seemingly have a cause of action under common law, but I don't know Qld statutory laws and whether they can help.

This has been going for 23 months. We have been to mediation twice and court for 3+ different matters 8+ times. He is not going to budge.

We are working with our solicitor and it has now verged on rediculous and its time to sue his ass off. We have not entered into this lightly, but sadly being a narcassitic asshole that he is, he is ignoring us thinking we will go away (or I die as I am unwell). A google of his name shows that he has protested business' publicly when he feels they have done him wrong, but he wont pull his head out of his ass and fix the issues he has caused. .lol.

Hence I need the specific law/details to include in the paperwork so it is on point the first time.

 

[Rod]

Then your solicitor will either know, or be able to obtain advice from an experienced barrister working in this area of law.

 

[Wobby77]

Then your solicitor will either know, or be able to obtain advice from an experienced barrister working in this area of law.

Its cool, I am pretty sure I have established the 'paper trail' back to what I require.

I really think I missed my calling now in this life. shame.

cheers

 

[Rod]

Doubt it. Suspect I'm older and I'm changing careers Finishing study soon and will be disappointed leaving the formal learning experience behind. Though always learning in law, it's not a profession where you can rest once you have a qualification.