Drainage Dilemma: Need to Use a Neighbour’s Drain?

Written by

Thomas Consultants

21 August 2024

•

3 min read

Undertaking a project such as property subdivision, often requires connecting your drainage to a public pipe located on your neighbour’s land. While we understand that seeking your neighbours’ permission can be challenging, there are ways to navigate this without straining your relationship. So, let’s explore your options.

Undertaking a project such as property subdivision, often requires connecting your drainage to a public pipe located on your neighbour’s land.

While we understand that seeking your neighbours’ permission can be challenging, there are ways to navigate this without straining your relationship. So, let’s explore your options.

When You Need Your Neighbour’s Permission

Generally, you’ll need your neighbour’s permission to carry out any work on their property, including when;

You want to connect to an existing drainage pipe on their property. This could be for stormwater or wastewater.
You want to construct a new pipe that crosses their property: This might be necessary if you’re building a new driveway or dwelling.
You want to access their property to maintain or repair an existing private drain: Even if the drain is shared, or you have an easement to maintain the pipe, you still need to arrange access to their land to carry out the work.

What if Your Neighbour Says No?

If your neighbour refuses permission and you believe you have a legitimate reason to access their property, consider:

Best case scenario: Continue to talk to your neighbour in the hope of reaching an agreement. Perhaps you can promise to reinstate their garden or any landscaping to the same condition, and say you will be very flexible about the timing of the work to minimise any inconvenience.

Mediation: If negotiations fail, consider involving a neutral third party (eg planner or engineer). Thomas Consultants can help you mediate negotiations, fostering a calmer environment and a favourable outcome for both parties. We have planners, surveyors, civil engineers and project managers who have dealt with situations like yours before. This might include replacing fencing, maintaining existing trees and plants, or replanting along the boundary.

Legal Advice: If mediation does not work, then it’s probably time to involve a lawyer.

Did you know?

The Local Government Act 1970 (Section 460) empowers Council to intervene in situations where a neighbour withholds permission for public drain access. They can enter the property, construct the drainage, and recover the costs from the neighbour. However, this approach is typically time-consuming and expensive.

Important Considerations

Council Regulations: Always check with your local council about drainage regulations and get advice from an experienced consultant (such as a planner, engineer, or surveyor) about your situation.
Easements: If there’s an existing easement for drainage, a lawyer or surveyor can help you understand what the rights and responsibilities the easement gives you.
Property Surveys: A property survey can help determine the boundaries and any existing drainage systems.

The Takeaway

Open communication is often the first step, but if that doesn’t resolve the issue, there are legal and practical steps you can take. If you’re facing a drainage dispute with your neighbour, or unsure about boundary lines, don’t hesitate to seek expert advice. We can assess your situation, explain your rights, and guide you through the process of finding a resolution. Get in touch with our team today – we’re here to help.