NOT A STORM IN A TEACUP WHEN IT COMES TO PROTECTING YOUR HOME – STORMWATER AND DRAINAGE CONCERNS
By Madeleine Harling
When it comes to your home, your blood sweat and tears have gone into it, and you’ll protect it at all costs – including from unwanted stormwater and drainage concerns which can cause damage to your land and home. This has been a common issue since the recent storms impacting Queensland, including Brisbane, Gold Coast and North Queensland, and we are here to help protect your home! The cause of stormwater damage can be multifaceted, and some instances may be related to a neighbour or Council as briefly mentioned here.
Neighbours’ obligations to divert stormwater
A person may be liable for damage to a person’s property if they have directed stormwater to a neighbour’s property by altering the land or redirecting the flow of water, which has directed it to the other neighbour’s land. The adversely affected neighbour may have a claim against the offending neighbour in nuisance and/or trespass, depending on the circumstances, and if it can be shown that such damage was caused by the redirection of water or altering of the land.
Local council
It may be an option to pursue council in relation to storm water drainage, but this will depend on your circumstances. Some instances where council may be liable include (but are not limited) as follows:
- where subsidence is caused by the Council’s stormwater pipe in an easement in favour of the Council that is over part of the Plaintiffs’ property (Davies & Ors v Gold Coast City Council [2021] QDC 135);
- where Council failed to disclose the existence of an underground stormwater pipe on a planning certificate issued prior to purchase, which ultimately became blocked and caused stormwater to inundate the property (Lorenzato v Burwood Council [2020] NSWSC 1659). Here, the Court held that drainage works constructed by Council along Appian Way in 2005 caused stormwater to discharge into the property in a manner that unreasonably interfered with the enjoyment of the property.
These are just a few instances where Council has been considered liable for damage caused to a person’s property. Whether Council has any obligations or liability for damage to your property will depend on the circumstances, and we recommend you obtain advice in relation to same.
Insurance
Your building insurance may (or may not) cover you for floods caused by stormwater or other factors. We recommend you forward us your certificate of insurance and product disclosure statement to review and ascertain whether you have coverage for the damage to your property.
Madeleine Harling and the team at McCarthy Durie Lawyers are here to help. If you have concerns regarding stormwater and your property, please reach out to us and we can discuss your concerns. You can contact us on 3370 5100, or Madeleine Harling directly on madeleineh@mdl.com.au.
