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Farm Business
Tenant Farming, Subsidies, BPS & Legal Issues
Riparian ownership
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<blockquote data-quote="rhsmyth" data-source="post: 7404541" data-attributes="member: 9352"><p>Couldn’t find an answer in the existing forums which surprised me but I wondered if anyone could assist.</p><p></p><p>We have always kept our ditches, hedges and rights of way in good condition the best we can. Over the year we have struggled with adjoining residential properties not clearing ditches and tended to drain them another way if we can normally through a larger field drainage system.</p><p></p><p>In one place we have a culvert which may be blocked and causing flooding to a residential property. I have sympathy with the householder but reluctant to get involved. As far as I am concerned the culvert is not in my ownership. It is clearly separated from the land with the title and long with what seems both sides of the ditch.</p><p></p><p>The older generation has recently departed and the exact knowledge with him. I seem to recall he always said it was the councils job to clear that ditch/culvert, but with speaking with them today they say it has always been the landowners responsibility. If there was a way to prove the council have always maintained the ditch historically that they are responsible?</p><p></p><p>It ain’t going to be an easy solution as the culvert is only open on the upper (flooded) the next 3-400m is piped around a number of residential properties which is defiantly not in my control.</p><p></p><p>Thoughts or changes in legislation are very welcome.</p></blockquote><p></p>
[QUOTE="rhsmyth, post: 7404541, member: 9352"] Couldn’t find an answer in the existing forums which surprised me but I wondered if anyone could assist. We have always kept our ditches, hedges and rights of way in good condition the best we can. Over the year we have struggled with adjoining residential properties not clearing ditches and tended to drain them another way if we can normally through a larger field drainage system. In one place we have a culvert which may be blocked and causing flooding to a residential property. I have sympathy with the householder but reluctant to get involved. As far as I am concerned the culvert is not in my ownership. It is clearly separated from the land with the title and long with what seems both sides of the ditch. The older generation has recently departed and the exact knowledge with him. I seem to recall he always said it was the councils job to clear that ditch/culvert, but with speaking with them today they say it has always been the landowners responsibility. If there was a way to prove the council have always maintained the ditch historically that they are responsible? It ain’t going to be an easy solution as the culvert is only open on the upper (flooded) the next 3-400m is piped around a number of residential properties which is defiantly not in my control. Thoughts or changes in legislation are very welcome. [/QUOTE]
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