What can I do about run-off coming from the road onto my property?

[thehuman]

how about digging a trench along the road until it reaches a runoff area ?

 

[HavocXphere]

I seem to recall that you're required to accept run off...but in turn get to pass it on to your neighbour (who in turn must also accept it). Which makes sense in a way cause well water tends to be quite stubborn.

 

[Zoomzoom]

how about digging a trench along the road until it reaches a runoff area ?

Given the road, the length, the camber etc, this is nigh on impossible without earth moving equipment and knowledge of where / how to do it properly.

 

[Zoomzoom]

I seem to recall that you're required to accept run off...but in turn get to pass it on to your neighbour (who in turn must also accept it). Which makes sense in a way cause well water tends to be quite stubborn.

Actually no, one must not allow water from your property to flow into the street or onto neighbouring property.

 

[bwana]

Actually no, one must not allow water from your property to flow into the street or onto neighbouring property.

This guy, he claims to be a lawyer, seem to think differently

"Okay, there is a common law obligation on a lower lying property to accept the natural flow of water from a higher lying property. In other words, if the water flows onto your property without being directed to your property, then you have an obligation to accept it and deal with it on your property"

http://www.justanswer.com/south-africa-law/7cns6-good-day-getting-rain-water-runoff-neighbours.html

 

[Zoomzoom]

This guy, he claims to be a lawyer, seem to think differently

"Okay, there is a common law obligation on a lower lying property to accept the natural flow of water from a higher lying property. In other words, if the water flows onto your property without being directed to your property, then you have an obligation to accept it and deal with it on your property"

http://www.justanswer.com/south-africa-law/7cns6-good-day-getting-rain-water-runoff-neighbours.html

Dunno who that lawyer is, or how old that post is but they are not correct:

http://sans10400.co.za/stormwater-disposal-2/

Heres the appropriate sans. U should also check the local by laws

1.

Property owners are responsible for the removal of storm water from their property. They may NOT simply discharge excess water onto adjacent land or into the street unless this is permitted by neighbors and/or the local council or municipality.

2.

“The owner of any site shall provide suitable means for the control and disposal of accumulated stormwater which may run off from any earthworks, building or paving.”

3.

One of the major issues is people simply discharging their stormwater onto neighboring properties. While the Building Regulations do not state that this may not be done, the Building Regulations do give very clear guidelines for stormwater control and disposal, and these DO NOT include the discharge of water into your neighbour’s garden!

 

[bwana]

Dunno who that lawyer is, or how old that post is but they are not correct:



1.

2.

3.

Well before you start waging war you might want to consult a lawyer, preferably one familiar with the laws in your area.

 

[rietrot]

Dunno who that lawyer is, or how old that post is but they are not correct:



1.

2.

3.

Regarding your point 1 it's the norm that water flows downhill. That rules sounds very strict but its hardly ever implemented that strictly. If u are at the bottom u can't really not accept the rain water from everyone uphill.

 

[Zoomzoom]

Regarding your point 1 it's the norm that water flows downhill. That rules sounds very strict but its hardly ever implemented that strictly. If u are at the bottom u can't really not accept the rain water from everyone uphill.

The law requires developers / builders to make a plan for rainwater disposal. I had a similar problem with a house in a new development in Cape Town. I basically had the gutters from 3 adjoining houses running into my house. When I complained the developers had to fit a drainage system to take the water out of my yard into the storm water drainage in the street.

It also says you may not DIRECT your water onto someone else's property, which is different from natural rainwater running down hill.

With my house at present, the way the road has been graded combined with the natural lie of the land and the neighbour's attempts to redirect the water means that ALL the water from 3 roads (I'm one house from the T-junction at the end of the road) is running into my property and has already undermined one section of my house. I'm pretty sure that is not OK.