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Shared Sewer line, not on my property, who pays?
Topic: Shared Sewer line, not on my property, who pays?
Posted: 10/July/2017 at 15:49
I am a property owner in NSW, and have a shared sewer line and boundary trap with a neighbour. There is a section of this sewer line which only my sewage flows, before connecting to the shared line. The sewer line under discussion is entirely on their property.
The neighbour has elected to take a quote for replacing the boundary trap and sewer pipe, accepted the quote, and begun work.
After work had begun, they contacted me and another neighbour to request that we share 3 ways in the costs.
My questions are as follows:
1) I have received advice that anything on the owner's land is their own legal property, and their responsibility. This includes that section of the sewer line coming from my property which is unshared.
Can anyone offer insight whether this statement is accurate?
2) Does the neighbour have the legal right to cut off my access to the sydney water mains sewer by capping my sewer pipe at their end, if we cannot reach an agreement which they are satisfied with?
3) Considering they have taken a quote and begun work without consulting any other parties, do they have any legal recourse to recoup these costs if a cost sharing arrangement cannot be reached?
Essentially, I wish to know my rights, and my legal responsibilities.
I have the intention to make a financial contribution, but need to know my rights and responsibilities in order to have an informed conversation about finances.
Edited by DryJuly - 10/July/2017 at 16:01
|Quote Reply Posted: 04/August/2017 at 10:45|
In Queensland the rule is that all those upstream from the site of the problem share the costs equally. Not sure about NSW, but the advice you received that the owner of the land that has the sewer requiring work foots the bill does not seem to be correct.
I believe you should have been contacted before any work was started.
I believe no person can unilaterally disconnect any others from the sewer, but will be interested to discover what the act says, if you can find a copy.
However you stated the you neighbour has elected to carry out some work, but you have not stated what brought about this decision, is there a problem that requires fixing or is he doing it for some other reason, eg building a swimming pool where the line currently runs, requiring a new location for the new line?
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