intentionally flooding land

[Clive]

local reservoir has been purposely flooding some land we own. it doesn’t flood when it rains hard, the stream took all the last 2 storms and heavy rain this winter threw at it but when the reservoir gets full they open the taps on a big gate and put 5ac underwater

so i’m sending them a bill - loss of crop (twice) and remediation work

anyone with experience of a similar problem ? any advice appreciated

 

[Kevtherev]

All reservoirs and dams I think should be better managed.
ie have levels lower in winter to accept more rainfall to try and alleviate flooding as mentioned above.

 

[Brisel]

Get professional advice. Fisher German are big in your area. Or Roythornes.

 

[Clive]

Get professional advice. Fisher German are big in your area. Or Roythornes.

what can they do that i can’t though ?

the numbers are pretty easy to calculate and justify surely ?

 

[steveR]

what can they do that i can’t though ?

the numbers are pretty easy to calculate and justify surely ?

Bigger stick to wave at the Offenders... ?

 

[Jerry]

what can they do that i can’t though ?

the numbers are pretty easy to calculate and justify surely ?

I have regular interactions with the gas national grid.....i would not go there without professional backup.

Bunch of shysters....

Professional back up costs nothing but pays dividends.

 

[Steevo]

I have regular interactions with the gas national grid.....i would not go there without professional backup.

Bunch of shysters....

Professional back up costs nothing but pays dividends.

GOOD professional backup.

Bad professional advice costs big time.

 

[Brisel]

what can they do that i can’t though ?

the numbers are pretty easy to calculate and justify surely ?

You will be facing agents and lawyers with a great deal more experience at this than you. Fight fire with fire. At least look at case law on this kind of dispute.

 

[digger64]

what can they do that i can’thegh ?

the numbers are pretty easy to calculate and justify surely ?

The fact that if they have to reimburse for your costs as well as pay their own will help you if have a good case .

 

[wanton dwarf]

It'll come down to the law & best practice.

So you'll need to get those who know not only how to go about a claim but also to cover your butt in the process.

As I understand it an agent's fees will be covered by the claim if successful.

If you are a member of any organisations such as the NFU, CLA etc get in touch to see if they can help. Make sure you have some legal cover ..

IMHO find out who are acting for the opposition .. and ensure you don't go with them.

 

[Wooly]

If you are a member of any organisations such as the NFU, CLA etc get in touch to see if they can help. Make sure you have some legal cover ..

I can answer that one !!

 

[Clive]

You will be facing agents and lawyers with a great deal more experience at this than you. Fight fire with fire. At least look at case law on this kind of dispute.

if I i need a lawyer i have a very good one

i’m yet to meet an agent that actually knows more than the average farmer does though and if i charge my time at the same rates they do it will probably double the claim !

 

[Clive]

I can answer that one !!

i have legal cover far in excess of what the NFU offer yes, Cost something like £99/yr on my insurance and covers a lot !

 

[Clive]

Bigger stick to wave at the Offenders... ?

having just taken. a load of cash off the power distribution network for fan age it’s simply a case of crop loss plus damage repair plus time dealing with them and the claim - there isn’t much too it really where i can see a agent helping or getting more

what i would like to learn more about is the any past similar situations that might guide the claim a bit

if they argue i think my cash would be better invested in a lawyer than a agent ?

 

[Exfarmer]

I did try once when Milton Keynes was built up stream and the promised flood relief schemes were compromised through lack of use. I am afraid I got nowhere, however this was against the EA, whereas I guess you would be looking at one of the Utility companies.
They all have very deep pockets though!

 

[Jellyfarm]

Is the land designated as part of the floodplain? We have land that is and flooding is 'part of the deal'
J

 

[teslacoils]

what can they do that i can’t though ?

the numbers are pretty easy to calculate and justify surely ?

They have letters after their name.

 

[Bob the beef]

Having dealt with Network Rail, Transport Scotland, Scottish Power, National Grid and BG over the years, I can assure you , they will pay far more attention to a letter from a firm of land agents than they will to a letter from Joe Farmer. They know that a land agent will have the time and energy to fulfil a claim whereas Joe Farmer can be fogged off and put to the bottom of the pile. Wouldn't let anyone set foot on my farm without my land agent being there.

I know what you say about their claim being the same as yours, but sadly theirs will carry much more credibility. And as for fees, well the offending agency will have to pay up for all costs invoked. Take recommendations for a good firm, because in my experience they are worth their weight in gold.

 

[Clive]

so maybe this is how natural capital should work ?

farmer allows land to be flooded and as a result 1000 homes don’t get flooded

average claim / cost of a flooded house is £30,000 the EA report

so allowing land to flood is worth 30 million to the insurance company ? let’s instead take a very reasonable £1,000 from each house (or their insurance co) that we saved from flooding ......... just the 1 million then !


please someone explain why farmers are struggling right now ???? strikes me the poss is being taken !

 

[Zippy768]

so maybe this is how natural capital should work ?

farmer allows land to be flooded and as a result 1000 homes don’t get flooded

average claim / cost of a flooded house is £30,000 the EA report

so allowing land to flood is worth 30 million to the insurance company ? let’s instead take a very reasonable £1,000 from each house (or their insurance co) that we saved from flooding ......... just the 1 million then !


please someone explain why farmers are struggling right now ???? strikes me the poss is being taken !

Yes! I have been saying for years, why aren't farmers getting paid for having their ground purposely flooded.
N.b dont live in a flood threat area, so maybe not that simple ?‍