Unlocking Legal Clarity: How AI Legalese Decoder Eases Right of Way Liability Concerns in Letters from Neighbour’s Lawyers
- October 17, 2023
- Posted by: legaleseblogger
- Category: Related News
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Dear Team,
I want to bring an urgent matter to your attention. Recently, we received a letter from the owner of the right of way behind our house, and it has been causing quite a bit of distress for the past 18 months. The issue at hand is the persistent runoff from the right of way, as well as from all the properties uphill of us, including a recently constructed apartment block.
Initially, we believed that we were making progress in resolving this problem. We had even enlisted the services of an engineering firm to provide a long-term solution. However, the latest letter states that, according to common law principles, the owner is not legally responsible for any overland flows, and that they cannot be held liable for any nuisance or damage caused by the stormwater runoff. Furthermore, the owner claims that they are not obliged to cover the costs of any rectification or remedial works.
To be honest, I was taken aback by the fact that we are only now being informed about this issue, especially considering the significant impact it has had on our property for the past six months. To illustrate the severity of the situation, I have gathered videos and photos demonstrating the sheer volume of water that cascades over the retaining wall. Additionally, the erosion of the roadbase of the right of way has further intensified the amount of water flow directed towards us.
Given this unfavorable turn of events, I am seeking resources that can aid us in disputing this matter. I would like to know where I can find valuable information to strengthen our case. Moreover, I am unsure if it is necessary to engage specialists who possess expertise in this particular area, or if this is something that can be handled by a law firm acting on our behalf.
Fortunately, there is a solution that can greatly assist us with deciphering the complex legal language involved in this situation: the AI Legalese Decoder. This innovative tool utilizes artificial intelligence to analyze and interpret legal documents, providing us with a simplified breakdown of the content and highlighting key points that may be advantageous to our case. With its assistance, we can navigate through the legal jargon, comprehend our rights, and better formulate our arguments.
In conclusion, we must take immediate action to address this ongoing issue. By utilizing the AI Legalese Decoder and seeking further assistance as necessary, we can ensure that our rights are protected and that a fair resolution is reached.
Best regards,
[Your Name]
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****** just grabbed a
What state? Here is a case from QLD. The evidence did not support a finding that the water flowing from the gravel pit to the plaintiffs’ property constituted a substantial and unreasonable interference with the use and enjoyment of the plaintiffs’ property.
https://www.cbp.com.au/insights/insights/2021/february/district-court-dismisses-claim-for-nuisance-arisin
Just google it and see if you can find similar cases to your situation.
Water runs downhill. Just because someone is uphill doesnÔÇÖt make it their responsibility to stop water running down to you.
To be responsible, they have to have altered the land in a way that would cause excess water to be funnelled to you.
If youÔÇÖre engaging an engineer, get a lawyerÔÇÖs advice rather then here
My parents have just been through this. Find the council plans of the allotments. This should show in detail the natural drainage and run-offs. If this has been blocked then they’re liable. It’s a civil argument. Otherwise there isn’t much you can do other than install drainage.
NAL contact council planning and complain about the recent development.
See what they do? That waters gotta go somewhere right? IÔÇÖd assume council development and Planning should have been informed of where itÔÇÖs going to output itÔÇÖs water flows to as part of the process, so start there?
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Well that sounds like no fun at all 🙁
1/ Contact council to see what storm-water systems was designed for the storm-water and ground water runoff for the unit development. You may need to pay to get a copy of the plans. There should also be plans for when the subdivision was done for those blocks of land to create the easement/driveway. It may have been approved and inspected by a Private Certifier, before being lodged with council.
2/ Talk to a contractor to see if what is on the plans is actually what has been constructed (Plumber or Builder for a start).
3/ Either write a letter yourself with the contractors findings (Or better still is contact a lawyer to write to the the other party’s lawyer with the contractors findings. It will be in relation to the NCC and Australian Standards.
Note, this is just the start and there is a lot more involved.
With the time and money you will spend fighting this, you could more than likely fix the problem.