Neighbours pool leaking in Canberra?

tanber said :

Hoped not to go down the legal path but it may be it’s the only option as it will surely get worse. Thanks for the responses.

I’ve said it before, but resorting to acts of excessive violence and cruelty can get you far in this world, and at the very least it avoids the ethical issues of getting involved with lawyers.

You should first call the ACT Government Environment Protection authority as I believe they handle this sort of thing (especially as it’s salt water leaking out). http://www.environment.act.gov.au/environment2/residential_environment_protection_issues

Hoped not to go down the legal path but it may be it’s the only option as it will surely get worse. Thanks for the responses.

Much as I hate to say it, I think you need to go and see a lawyer and get some advice on this. Perhaps a few legal letters will do the trick. I can’t imagine they will take any action without a push. Contacting ACTPLA is a good idea as well. Perhaps all the relevant approvals and processes haven’t been followed.

1300 654 314 Canberra legal aid over the phone legal advice. I’m guessing at least one of the people there might know what they’re talking about…… at least you’d hope so

Oh. Just read the salt bit! Bummer.

You don’t want FREE water from your neighbour with summer watering need just around the corner? Shhhhh!

That’s my general understanding also. We had tree roots removed from drainage on our property. Lucky for us that the roots were impacting just outside of our property boundary so Actew picked up the bill. If the roots had been impacting actually on our property we would have been up for $4000.

Not sure though how you get your neighbours to cough up.

In both of the examples cited there is a common law principle that you are responsible for things that escape from your property and harm others – whether it be water or tree roots. A person who has suffered loss or damage because of this can sue the property owner in a civil court.

It’s slow and expensive, though, so if there is a handy law to use that is preferable.

On a similar subject – Can you make a neighbour (or Gov’ment) pay to FIX your pool ? We have an in ground pool and our neighbours tree roots have cracked and broken through the fiberglass. Can we have them pay to fix it ? Given that it is a giant gum tree the government won’t allow for it to be removed