Also, he's not above us, he's next to us, and we have a 10 metre high wooded berm behind our property so no rain run off would ever go on our land from his, except for the fact that he dug ditches on our land while we were away to direct the water flowing on his land from his pond, to go onto ours.
Who should be maintaining drains?
- Thread starter Garnet
- Start date
There is a public road/lane inbetween.
At the moment the water going down the driveway onto the lane, is draining from the road through a road drain, crossing under the road and emptying onto his field, so i imagine once that this drain also crosses under the road somewhere and drains onto his field too (it was all once owned by the same landowner a hundred or so years ago).
That farmers land becomes a lake in the valley basin anytime there is heavy rain.
The council flooding guy coming out next week might have some idea by looking at it.
I'm not sure if he had permission to fill in the openditch/drain network as they are historic and marked on maps and join to a small river further over on his land, but its his land flooding if he's filled them in.
They didn't come all the way up to the road either. They were well set into his property.
- Location
- North West
If the drain runs on to you then your below him, I’ve never found anyone who has successfully made water run up hill
. Although I’ve seen a few try 
.
- Location
- Worcestershire
Has he done you a favour cleaning out your culvert. ?? Or you not happy as you wanted to do it.
We're both on the same slope side by side. they could have just as easily run it off the the left onto his property, than run it off to the right, but his property is not "below" ours either. It's next to it on the same gradient.If the drain runs on to you then your below him, I’ve never found anyone who has successfully made water run up hill
He hasn't done anyone a favour!
There was no flooding before he did that, to anyone's property.
When he was "digging around" doing trenches for his new water supplies, on his own land, on the other side of the drive, he also dug up a bunch of victorian pipes on his side that were "in the way" and got rid of them, so obviously something else was taking the water that is now flooding out, that was not flooding anywhere before that.
They were probably taking it to his stream on the other side of his house, but we'll never know now, since he closed the trenches there up quick smart.
- Location
- North West
Sounds like it could be your water running on to him, perhaps he should get some legal advice
- Location
- North West
Joking aside, there will be a reason the drain runs through your land. The people who dug tile drains with spades knew what they where doing! They didn’t drain water up hill.
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Ofcourse it's our water!Sounds like it could be your water running on to him, perhaps he should get some legal advice
Collecting from our imaginary pond we don't have, off our 36 acres we don't have to collect it from.
Yes, ofcourse!
Maybe we should just put in a legal claim for his pond and call it ours.
Instead of having an attitude problem, you could actually be helpful if you believe we're in the wrong, by giving a link to the legislation that shows we're responsible, rather than just being an a*s.
Because so far, the legal advice we have been given, from people who have seen the pics and plan of the property, say otherwise.
There was no flooding of anywhere before he started digging around in our absence, removing pipes and digging trenches on land he had no right to trespass on.
And if you think we're such A holes, would you like me to tell you the story of the time when he booked diggers to come onto our land, without permission or an easement, to lay himself some new water pipes,in a new location, to supply two premises, instead of putting them on his own land.
According to him, it would be quicker and cheaper to just dig them across our land, than it would be to take them across his land, so he set about to do that without even asking, planning on taking down part of our fence and all to do so.
That's what we're dealing with here, and we have on every occasion with dealing with him, been polite and patient, not wanting to cause bad blood.
On the flip side, he just goes about doing whatever he pleases, even if it entails trespass on the sly and sneaking utilities onto others land, to save himself a pound and some time, so we're not the A-holes here.
- Location
- East yorks
As long as the flow hasn’t been altered, ie he cannot pipe it through your hedge, or lay 5 aces of concrete and run it straight off into your field , or drain 20 acres and run the outflow onto your field etc
However Riparian law covers NATURAL watercourses, not just someone piping storm water from their land into a man made pond they've built.
Otherwise every homeowner would just "make a pond" to use that rule and then pass their storm water onto a neighbour.
"Riparian rights describe an ancient, non-statutory system of rights relating to any property where there is a natural watercourse within or adjacent to its boundaries. The rights run with the land, passing from landowner to landowner with the grant of a lease or transfer."
It’s Never Riparian Rights (Until It Is)
<p>Any landowner or developer whose property adjoins or contains a natural watercourse should be aware of the system of rights and obligations.</p>
www.charlesrussellspeechlys.com
- Location
- North West
At no point have I resorted to calling names, if you don’t like others opinions don’t post on a public forum! It seems to me all you do is talk and seek legal advice, this is a FARMING FORUM, most of us farmers would just crack on and fix the problem instead of involving solicitors!Ofcourse it's our water!
Collecting from our imaginary pond we don't have, off our 36 acres we don't have to collect it from.
Yes, ofcourse!
Maybe we should just put in a legal claim for his pond and call it ours.
Instead of having an attitude problem, you could actually be helpful if you believe we're in the wrong, by giving a link to the legislation that shows we're responsible, rather than just being an a*s.
Because so far, the legal advice we have been given, from people who have seen the pics and plan of the property, say otherwise.
There was no flooding of anywhere before he started digging around in our absence, removing pipes and digging trenches on land he had no right to trespass on.
And if you think we're such A holes, would you like me to tell you the story of the time when he booked diggers to come onto our land, without permission or an easement, to lay himself some new water pipes,in a new location, to supply two premises, instead of putting them on his own land.
According to him, it would be quicker and cheaper to just dig them across our land, than it would be to take them across his land, so he set about to do that without even asking, planning on taking down part of our fence and all to do so.
That's what we're dealing with here, and we have on every occasion with dealing with him, been polite and patient, not wanting to cause bad blood.
On the flip side, he just goes about doing whatever he pleases, even if it entails trespass on the sly and sneaking utilities onto others land, to save himself a pound and some time, so we're not the A-holes here.
Also we’re only getting one side of the story so unless you’re willing to invite your neighbour to participate in this debate and give his side of the story we’ll just take what you say with a pinch of salt!!!!!!!
Just be careful who you start call an A hole if you wish to continue posting, you asked for our opinions after all!
I never called you an A-hole!
I said "If you think we're being A-holes" and "On the flip side, he just goes about doing whatever he pleases, even if it entails trespass on the sly and sneaking utilities onto others land, to save himself a pound and some time, so we're not the A-holes here."
I'm not asking for a debate on the situation because none of you actually have any sway in the outcome anyway- I am asking to be pointed to where the law sets outs the responsibility.
It is NOT a natural watercourse, so we don't have riparian responsibilities and the council have already confirmed that along with our solicitor, whom we called for GUIDANCE, not to sue a neighbour!
I know first hand that all farmers don't just "Do the right thing"- they like anyone else can sometimes do whatever they feel like whether the law provides for that or not.
- Location
- North West
“Instead of having an attitude problem, you could actually be helpful if you believe we're in the wrong, by giving a link to the legislation that shows we're responsible, rather than just being an a*s “
- Location
- East yorks
I think that’s what I said it has to be natural flow or an existing water course. My first line was it cannot have been altered.However Riparian law covers NATURAL watercourses, not just someone piping storm water from their land into a man made pond they've built.
Otherwise every homeowner would just "make a pond" to use that rule and then pass their storm water onto a neighbour.
"Riparian rights describe an ancient, non-statutory system of rights relating to any property where there is a natural watercourse within or adjacent to its boundaries. The rights run with the land, passing from landowner to landowner with the grant of a lease or transfer."
It’s Never Riparian Rights (Until It Is)
<p>Any landowner or developer whose property adjoins or contains a natural watercourse should be aware of the system of rights and obligations.</p>
Yes, it's not a natural watercourse.
It's a man made pond.
- Location
- East yorks
Very difficult to get it all from here but if I was convinced it was altered flow (which it sounds like and someone was putting it onto my property) (been there) just get a bigger digger hired and send it back
- Location
- Scotland
So is his pond now empty?
- Location
- Near Colchester
Very good point, well made. If it isn't it means that the water flooding the area is natural.