House builder wants to put drains through my field

redbaron · Feb 8, 2023

4 houses going up right next to one of my arable fields. House builder has asked if he can have 2 x 4 inch diameter drainage pipes put under my field to an IDB drain on the far side, to take rain water from the 4 new houses. My field is already under-drained, but 2 more drains would be a small plus. Any legal issues? Who would own the 2 new drains? What if they became blocked at some stage into the future? Comments please!

devonbeef · Feb 8, 2023

i would have thought it will cost them for the privilege,and quite a bit

Bongodog · Feb 8, 2023

Simple answer NO

The pipes would be of no use to you at all as they would use solid rather than perforated pipe. bearing in mind that it has been possible to obtain planning permisison for 4 houses in the next field, if it were ever possible in your filed you are stuffed if you have granted permission for someone elses drains to run through it

steveR · Feb 8, 2023

redbaron said:
4 houses going up right next to one of my arable fields. House builder has asked if he can have 2 x 4 inch diameter drainage pipes put under my field to an IDB drain on the far side, to take rain water from the 4 new houses. My field is already under-drained, but 2 more drains would be a small plus. Any legal issues? Who would own the 2 new drains? What if they became blocked at some stage into the future? Comments please!

I don't expect they would be land drains the builder puts in....

Has he spoke with IDB and gained permission?

Issues that come to mind... Will need a formal easement, depth of pipes agreed, re-instatement etc etc. 1, 2, 3 or 4 House owners will retain a right to maintain pipes in the future...

Land Agent time, he pays LA fees or no access.

PS. House builder will offer the moon and more... do not believe him/them. Once they are gone from site and houses sold, they will not want to know!! Money upfront

ISCO · Feb 8, 2023

You would grant them an easement which they should pay for including agents and solicitors fees.
The drain would be theirs and the deed of easement would oblige them to maintain. They should also indemnify you for damage caused by any blockages.
Depending on the drain pipe used it may not have any drainage benefit to your land.

ISCO · Feb 8, 2023

Bongodog said:
Simple answer NO

The pipes would be of no use to you at all as they would use solid rather than perforated pipe. bearing in mind that it has been possible to obtain planning permisison for 4 houses in the next field, if it were ever possible in your filed you are stuffed if you have granted permission for someone elses drains to run through it

Easement should include a "lift and shift" clause so pipe can be moved if development occurs on land in future. Pipe can then be moved.

Netherfield · Feb 8, 2023

The second word is 'off'

Bongodog · Feb 8, 2023

ISCO said:
Easement should include a "lift and shift" clause so pipe can be moved if development occurs on land in future. Pipe can then be moved.

Yes, but you then have neighbours who will automatically oppose any form of development as it will cost them money to move their drains.

Developers will always look for the cheapest option, we have one case here at present, new house with driveway onto road with mains sewer running under it. if the builder connects into the sewer he has to pay for a highway order, traffic lights etc etc, instead he has persuaded a single lady property owner on the estate behind the plot to allow him to run the sewer pipe through her garden and tap into her manhole in exchange for a couple of £k

suffolksmallholder · Feb 8, 2023

redbaron said:
4 houses going up right next to one of my arable fields. House builder has asked if he can have 2 x 4 inch diameter drainage pipes put under my field to an IDB drain on the far side, to take rain water from the 4 new houses. My field is already under-drained, but 2 more drains would be a small plus. Any legal issues? Who would own the 2 new drains? What if they became blocked at some stage into the future? Comments please!

I love the fact that they have all but finished the build THEN decided to ask-the-farmer

WTF!
A Wayleave and a high price to do so with advice from Savilles paid for by the developer would be my suggestion.
SS

britishblue · Feb 8, 2023

We had 8 social houses built next to a permanent grass field on the edge of village. They came wanting to put drains across field so my Agent told them it would be £40k. They wouldn't pay and dug up the main road and put them below road. Council probably did it for nothing as it was social housing!

steveR · Feb 8, 2023

suffolksmallholder said:
I love the fact that they have all but finished the build THEN decided to ask-the-farmer
WTF!
A Wayleave and a high price to do so with advice from Savilles paid for by the developer would be my suggestion.
SS

Seen that done locally more than once....

Seems to be how some builders operate. I guess that over a period of time, this policy pays off for them. A local outfit played silly buggers with me over an existing water supply to the farm. Ended up costing them ITR of £25K to put a new one in along with a new connection charge, after they tried penny pinching...

Optimus · Feb 8, 2023

My neighbour did this the other day.first thing we knew of it was a digger in our field .putting the rain water drains from his house into our ditch.

steveR · Feb 8, 2023

Optimus said:
My neighbour did this the other day.first thing we knew of it was a digger in our field .putting the rain water drains from his house into our ditch.

I assume he was advised to desist and go away...

Optimus · Feb 8, 2023

steveR said:
I assume he was advised to desist and go away...

Says on his plans it's supposed to go into a soak away but thought he'd try an be clever.
The guys a pr*ck.we took photos an went round to ask what was going on.his Mrs was mortified. he'd told her it was all sorted.
The kind of bloke that builds a house but moves in when clearly not finished or been signed off.never even put any gutters on thought he didn't need them.

br jones · Feb 8, 2023

Refuse ,point blank ,

Kidds · Feb 8, 2023

I would advise you refuse permission. Nothing in it for you whatsoever nevermind the 4 new neighbours that will be a nuisance chucking stuff in your field.

ollie989898 · Feb 8, 2023

If the drains leak, even slightly, the 'water' will make your field even wetter. I'd politely decline if it was me.

teslacoils · Feb 8, 2023

What does his planning say the houses will do with their water? He should do that. If it says go through yours into an idb ditch (it won't but just incase it does) you'll want to see the drainage board consent, and an enormous pile of money.

Forkdriver · Feb 8, 2023

I would have thought that sustainable drainage would be required. Check what diameter the pipes will be, as they could be oversized with a restricted outlet to comply. You my friend have what is known as a ransom situation. Fill your boots.

George from SJM Planning · Feb 8, 2023

Was this proposed means of drainage approved as part of the Planning Permission or Dischage of Conditions? Surface and Foul Water design is generally a planning consideration. If it was and the developer failed to notify you that they were making an application across your land it could put them in a sticky situation with the planners.

Have they secured an agreement with the IDB for the discharge?

House builder wants to put drains through my field

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

Member

0 %

Up to 25%

25-50%

50-75%

75-100%

100% I’ve had enough of farming!

Share this page