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Who is responsible for homeowners rain water?
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<blockquote data-quote="Dry Rot" data-source="post: 7830369" data-attributes="member: 4505"><p>A landowner is surely bound to accept water from an owner at a higher level (i.e. up stream). And the landowner below him is bound to accept that water and not cause it to back up in the ditches by allowing an obstruction. In the absence of anything to the contrary, I'd say the landowner is responsible for maintaining ditches rather than the tenant as he (landlord) has (presumably) let the land for the specific purpose of farming. Not cleaning ditches and allowing land to flood could be considered "derogation from grant" as neglected ditches may prevent the tenant from having the benefit of the use of the land for farming. Except, of course, in exceptional circumstances. But the subject is a lawyer's paradise and, as they say, "it all depends". Drainage disputes are notoriously expensive.</p><p></p><h3><em>Derogation from grant</em></h3><p><em>The rule that a party should not derogate from its grant embodies a general legal principle that, if A agrees to confer a benefit on B, then A should not do anything that substantially deprives B of the enjoyment of that benefit.</em></p><p><em>Derogation from grant is commonly referred to in the context of landlord and tenant relationships. Where a landlord has taken steps, or granted rights to another party, which render the premises unfit or unsuitable for the purpose for which they were let, the landlord is said to have derogated from its grant (under the lease).</em></p><p></p><h3></h3></blockquote><p></p>
[QUOTE="Dry Rot, post: 7830369, member: 4505"] A landowner is surely bound to accept water from an owner at a higher level (i.e. up stream). And the landowner below him is bound to accept that water and not cause it to back up in the ditches by allowing an obstruction. In the absence of anything to the contrary, I'd say the landowner is responsible for maintaining ditches rather than the tenant as he (landlord) has (presumably) let the land for the specific purpose of farming. Not cleaning ditches and allowing land to flood could be considered "derogation from grant" as neglected ditches may prevent the tenant from having the benefit of the use of the land for farming. Except, of course, in exceptional circumstances. But the subject is a lawyer's paradise and, as they say, "it all depends". Drainage disputes are notoriously expensive. [HEADING=2][I]Derogation from grant[/I][/HEADING] [I]The rule that a party should not derogate from its grant embodies a general legal principle that, if A agrees to confer a benefit on B, then A should not do anything that substantially deprives B of the enjoyment of that benefit. Derogation from grant is commonly referred to in the context of landlord and tenant relationships. Where a landlord has taken steps, or granted rights to another party, which render the premises unfit or unsuitable for the purpose for which they were let, the landlord is said to have derogated from its grant (under the lease).[/I] [HEADING=2][/HEADING] [/QUOTE]
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Who is responsible for homeowners rain water?
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