Council draining water into our field.

Chae1 · Feb 17, 2020

We have a field below a main road. Its always taken one pipe off main road thats joined into our field drain.

Last year they decided to add a second pipe without asking. The field drain isn't now fit to cope with increased water from 2nd pipe and its running down field. Causing erosion. We did point this out to them at the time.

Who is liable for this? To solve the problem a larger pipe needs to be put in to the ditch where the drain comes out.

Fendt516profi · Feb 17, 2020

Isn't the rule you have to accept water from up the hill. But also think I've read it's fine for council to put road water into your field but you shouldn't let field water into road

DeeGee · Feb 17, 2020

I think the council have the right to drain water into fields. However if the outlet into the field becomes blocked then the water can’t escape to the field. Seems unfair that councils have this right, but I believe they do.

Dry Rot · Feb 17, 2020

An occasion for using a land agent. I have an idea that you must accept water from higher ground but there is (I think) an exception when it is in a defined channel, e.g. a pipe. I wouldn't bother tackling the council without good qualified professional advice because they lie. If a lay person challenges them, they will simply tell you to take it to judicial review (think five figures in legal fees). And they wonder why I don't like bureaucrats!

stroller · Feb 17, 2020

I had exactly the same, council piped a ditch alongside the road and created a new discharge point into my field, when I challenged them the chief highways engineer stated that there had always been a drain there. I asked a land agent what I could do, he said nothing unless I could prove it.

egbert · Feb 17, 2020

Chae1 said:
We have a field below a main road. Its always taken one pipe off main road thats joined into our field drain.

Last year they decided to add a second pipe without asking. The field drain isn't now fit to cope with increased water from 2nd pipe and its running down field. Causing erosion. We did point this out to them at the time.

Who is liable for this? To solve the problem a larger pipe needs to be put in to the ditch where the drain comes out.

I'd be looking to see if the water now arriving is what would be flowing onto your ground naturally, or whether the road is bring water from further along.
If the law says you've got to accept the water thats coming down the slope at you, that doesn't mean you have to accept stuff channelled from further along?

I don't know much about such stuff, but it sounds like they're bringing you some extra.
Offer, maybe, to remedy it for them 'at cost'.
(failing that, fill their pipe with dry mix in the summer!)

Chae1 · Feb 17, 2020

egbert said:
I'd be looking to see if the water now arriving is what would be flowing onto your ground naturally, or whether the road is bring water from further along.
If the law says you've got to accept the water thats coming down the slope at you, that doesn't mean you have to accept stuff channelled from further along?

I don't know much about such stuff, but it sounds like they're bringing you some extra.
Offer, maybe, to remedy it for them 'at cost'.
(failing that, fill their pipe with dry mix in the summer!)

The second pipe was from further along the road.

Thats a good idea regarding cost to fix it. We have all the toys and skilled staff to remedy the problem ourselves.

quavers · Feb 17, 2020

sepa might be your best bet , they wont like dirty salty water folding onto farm land was the approach i was once advised to take , never done nothing about so far

Frodo2 · Feb 17, 2020

Speak to the council roads man. I had a couple of bits where the road water went into an ineffective soakaway. Spoke to them and they supplied the pipe, which I thought was fair enough.

Chae1 · Feb 17, 2020

quavers said:
sepa might be your best bet , they wont like dirty salty water folding onto farm land was the approach i was once advised to take , never done nothing about so far

I did mention Sepa in my email to them. There's a big river just another field away too.

Northeastfarmer · Feb 17, 2020

Council are using one of our fields to let road water drain away....excavator and several hundred tons of clay will be heading there as soon as it dries up

mx110 · Feb 18, 2020

I know of a couple of cases local to me of council supplying pipe for farmer to install

Thick Farmer · Feb 18, 2020

Ram something up the pipe to block it and then bury the end.

Chae1 · Feb 18, 2020

Only issue with blocking pipe is i think if you do that your liable for any accidents caused by standing water or ice on main road.

Zebbedee · Feb 18, 2020

Chae1 said:
Only issue with blocking pipe is i think if you do that your liable for any accidents caused by standing water or ice on main road.

If you could get council to supply pipe for yourselves to lay I think that would be easiest solution as council will have endless meetings with you but actually do nothing ending up just wasting lots of your time and keeping th3mselves in a job

J 1177 · Feb 18, 2020

Seymors put a new culvert in in a problem bit of road next to ours, hand cleaned the old pipe out and walked down the side of my field and cleaned the outlets out by hand in my field drains (saved me a job). I was quite impressed that they'd made sure the water didn't flood my land.
But the pipe on mine has been there for at least 50 years that I know of, I'm not sure that can put a pipe in without your permission.

Pebd99 · Feb 18, 2020

Give the council a wee while to either give you pipe or lay another/pay you to put a new pipe in or dig down and block the end of the pipe with a can of expanding foam. They do us no favours at all that busstards of council so wouldn’t do them any.

GeorgeK · Feb 18, 2020

Chae1 said:
Only issue with blocking pipe is i think if you do that your liable for any accidents caused by standing water or ice on main road.

It is likely that even though they installed it, you will be responsible for maintaining the section on your land and taking the water away from the road, and liable for any problems if you do not. Blockages on their property would be their responsibility

egbert · Feb 18, 2020

Chae1 said:
The second pipe was from further along the road.

Thats a good idea regarding cost to fix it. We have all the toys and skilled staff to remedy the problem ourselves.

perhaps gently emphasise that they're bringing additional water onto your ground now.....keep a hard record of conversations

Exfarmer · Feb 18, 2020

The situation in England and Wales, is that you have to accept water from the road also water from up hill. Not sure the position in Scotland

Council draining water into our field.

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Up to 25%

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100% I’ve had enough of farming!

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