Drainage legalities

[D14]

Could someone just explain the basics of neighbours and drainage please? We have a none farming neighbour with some land that our drains run into off a couple of fields. Theres clearly an issue in the neighbours field as recent weather has now backed water up in our own fields meaning our water cannot run off. This has been brewing for a long while so think we need to get an official letter sent but I'd like some basic idea first. Thanks.

 

[Deereone]

As I understand it; Your neighbour cannot legally prevent water from land above his flowing through, over or under his land.

 

[Punch]

Can anyone supply a legal reference?
We’ve got a similar problem with a local householder.
I too thought law was accept water from above/up hill!

 

[Goweresque]

As I understand it; Your neighbour cannot legally prevent water from land above his flowing through, over or under his land.

True, but its also almost impossible to get someone to clean out their own ditches so water can flow freely from the land above, if they refuse to. So if its a case of benign neglect, or indeed malevolent neglect, its very hard to force the issue. I was involved in a case where a neighbouring landowner had neglected his ditches and this was causing a main storm water drain to back up, flooding several houses (and an A road) and despite the council getting involved they didn't seem willing (or were powerless) to make him do anything about it.

 

[Goweresque]

Drainage is one of those things that there may be laws and regulations about, but actually enforcing them is another thing entirely. Most of it relies on the parties involved doing the decent thing. If you get someone who is either unwilling or unable (due to age/infirmity/finances) to maintain their land then it all falls apart quickly.

 

[Smith31]

True, but its also almost impossible to get someone to clean out their own ditches so water can flow freely from the land above, if they refuse to. So if its a case of benign neglect, or indeed malevolent neglect, its very hard to force the issue. I was involved in a case where a neighbouring landowner had neglected his ditches and this was causing a main storm water drain to back up, flooding several houses (and an A road) and despite the council getting involved they didn't seem willing (or were powerless) to make him do anything about it.

Did the home owners not take any legal action against the neighbouring landowner for the damage caused to their homes via the flooding ?

 

[Goweresque]

Did the home owners not take any legal action against the neighbouring landowner for the damage caused to their homes via the flooding ?

Who wants to take that risk? With solicitors fees at hundreds of pounds per hour and every chance you won't get a decision in your favour? How can you categorically prove that your house wouldn't have flooded if someone had done something that they hadn't done? The houses in question were covered by insurance, judging by the amount of perfectly good items they chucked out into a skip (some of which I may have liberated ) so what could they gain? The council drainage man didn't seem that interested in making anything happen, so what chance have private individuals?

 

[kiwi pom]

I wouldn't think you could do anything.
Do you know for sure the problem isn't further downstream from your neighbour?

 

[Agri Spec Solicitor]

It is right that in general terms the downstream land has to accept water from upstream.
I have had many cases over the years and only one went to a tribunal.
If local discussion has failed then legal advice is the next step and yes it will be over £200 an hour.
As I say to my staff, if you charge that rate you need to make a difference!
The good news is that not even the Romans could make water run uphill. A site meeting is the best thing to be done once everyone is engaged.
The last one I had involved an argument about whether a ditch was really a ditch. Well whatever it was, it was blocked! No one admitted anything but lo and behold a digger turned up and the problem disappeared. Til the next time.....

 

[Wombat]

Should be like Holland and they fine u if you let them block