Water and Flooding

Contributed by Anahita Surya and current to March 2022

Disputes over flooding and entry of water can arise when a neighbour’s pool, sewer or drain leaks onto your property. This can cause property damage and can be expensive to repair. Depending on the circumstances, entry of water may be deemed nuisance or trespass at law.

If water from your neighbour’s property is causing damage and interfering with your enjoyment of your property, it may satisfy the criteria for nuisance. If the flow of water is caused deliberately by your neighbour, you might have a case in trespass.

Resolving the issue in a friendly manner is best for all parties involved. If you need mediation support, contact the ACT Conflict Resolution Service on 6189 0590 (main office)for confidential and affordable assistance. If unsuccessful, you can seek an order from the ACT Civil and Administrative Tribunal (ACAT) by lodging a Civil Disputes Application form. Refer to section on trespass for more on how to seek a civil disputes order from ACAT. To talk to someone about your dispute, contact the Legal Aid ACT Helpline (9am to 4pm on weekdays) on 1300 654 314.

Contact your landlord or real estate agent if you are a tenant.

Useful Resources

‘Civil Disputes’ webpage, ACAT

‘Civil Dispute Application Form’ webpage, ACAT

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