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ARTICLE · 08 JUNE 2022

Neighbours and the fights we have over water

When considering nuisance caused by the change of overland flow, consider the flow when the land is in a state arising from reasonable use.

AustraliaLitigation, Mediation & Arbitration

Rarely do developers get to build on completely flat land where everyone is affected equally by the fall of water from the heavens. Most often, one neighbour will be higher or lower than his neighbours and that inevitably brings into play the immutable law of gravity.

Suppose we are buying land that is downhill from another person's property. In that case, we have to expect there is going to be some flow of water down onto our property, and good building practice will ensure that as a low-side neighbour, we will include some adequate measures in our own yard to make sure we aren't too badly affected by this inevitable flow.

It is not always the case, though, that as a low-side neighbour, one must accept the water as it comes and where a higher neighbour does something to their land that changes the natural flow of water, which causes the water to flow in a more concentrated way.

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