- Location
- Near Beeston Castle
I strongly think that you have to look after yourself in these situations and don't even bother speaking to the council.We have all the toys and skilled staff to remedy the problem ourselves.
I strongly think that you have to look after yourself in these situations and don't even bother speaking to the council.We have all the toys and skilled staff to remedy the problem ourselves.
Hire a good land agent, then when he gets it wrong, you can sue him, not the council. Surveyors have public liability insurance for that very reason. Or you could have an exciting time wondering what will happen by following the guess work here!
you Have to accept water off the road? Says who? They’ll be getting ours back very soon when we build a clay bund along the roadsideThe 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
worlds gone mad
I did mention Sepa in my email to them. There's a big river just another field away too.
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
how did you quote me on this thread I haven't even posted ?I once had a dead body in my water supply, sepa couldn't give a fudge, unless he had oil on his clothing .
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.
You do have to live with yourself if in any way you contribute to someone's death. Little to be gained by being stupid.“Burden of proof”, or it didn’t happen.
Firstly illegal, probably in Scotland too; secondly idiotic - a 'natural' blockage would probably not lead the way to Court.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.
See below.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
This is moot and, I think, there are a couple of cases pending that should decide the matter. There is no argument that water run-off occurring naturally from land higher than one's own is something one has to accept. However, it may soon not be the case that if the water is 'collected' in some way - i.e. by a concrete expanse, or perhaps a stretch of road passing on all of its run-off - that it must all be accepted, certainly without recompense or assistance in moving it on.The road one is a special case. You have to accept water from uphill but it has to be natural, someone cannot concrete over 20acres above you and pipe through your hedge
Don't kid yourself, can't advise for Scotland, but in England & Wales the balance of probability is sufficient, regardless of how slight.“Burden of proof”, or it didn’t happen.
a 'natural' blockage would probably not lead the way to Court.
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.
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
One of the drains might "collapse" Nothing to do with you.
You do have to live with yourself if in any way you contribute to someone's death. Little to be gained by being stupid.
Insurance won't stop them trying to do a wriggle though.
(1)The highway authority for a highway may, for the purpose of draining it or of otherwise preventing surface water from flowing on to it, do all or any of the following:—
(a)construct or lay, in the highway or in land adjoining or lying near to the highway, such drains as they consider necessary;
(b)erect barriers in the highway or in such land as aforesaid to divert surface water into or through any existing drain;
(c)scour, cleanse and keep open all drains situated in the highway or in such land as aforesaid.
(2)Where under subsection (1) above a drain is constructed or laid, or barriers are erected, for the purpose of draining surface water from a highway or, as the case may be, diverting it into an existing drain, the water may be discharged into or through that drain and into any inland waters, whether natural or artificial, or any tidal waters.
(3)A highway authority shall pay compensation to the owner or occupier of any land who suffers damage by reason of the exercise by the authority of any power under subsection (1) or (2) above.