Drain outlet

[Jim t]

Some advice please
I have drain outlets going out of my fields into neighbours silted up ditch and they are not being very helpful any suggestions ? I’ve offered to do the job but they would like to leave as is.

Also another drain from a pool that goes into a council culvert that then goes under the rd to a silted up ditch on the council verge, I have tried for 2 months to have a site meeting with the council but no joy, not keen to do it myself as I know there is a water mains close by. Again any suggestions .

 

[Right-arm fast]

You have a right to improve your land, as does your upstream neighbour by cleaning your stretch of the watercourses. If your neighbour is not a farmer but a lifestyle occupier you may need to get some specific advice on your rights in your area, as in my limited experience they think a lot differently to farmers who rely on land drainage systems.

 

[Matt L]

Legally the downstream parties have to maintain their watercourse to allow unobstructed flow from upstream neighbours.
It is always best to keep neighbours on side in matters like this, however you have suggested cleaning it out on their behalf, this is always a good suggestion.
Perhaps ask again saying it is causing problems and potential damage to the drainage on your land.

 

[HarryB97]

What is stopping you from getting access to the ditch from your side?

 

[Purli R]

JFDI

 

[Goweresque]

If the ditch is on your neighbour's side of the hedge then its your ditch anyway isn't it? Under the hedge and ditch rule? So you just need to ask permission to go on his side to dig out your ditch, or dig it out over the hedge, if you can?

 

[Rod Dumbreck]

Or just explain that if it gets any worse a wall of water will flood their land if the ditch is not cleared out.... depositing silt.... debris.... all manner of undesirables

(good luck)