Land Drains - Legal Position

MoneySavingNovice

I hoping that someone on here can tell me what my rights and obligations are in relation to the following. I am yet to discuss this with my neighbours; I am just trying to find out, in worst case what my legal position is.

Geographic Situation
1) My House is on the side of a hill
2) House located approx half way hill approx 1 mile from top to bottom
3) Large Garden, I have no drainage problems
4) Live in a Rural area - there are no mains drains
5) I am aware that in a hollow in one of the fields further up the hill (not behind my garden) water collects

Key Points
1) Farmer (who owns the wet fields) has written requesting that a Land-Drain be build across several gardens over a distance of approx ¼ mile
2) Proposed that this drain empties directly into my garden.
3) Land-drain will not be built across my land.
4) I believe that building this land-drain will cause at worst flooding, and best moisture problems on my land.

Questions
1) Is it likely that such a drain will need to receive building permission?
2) Given that the land drain will not be built across my land - do I have any legal grounds to object?
3) Do I have any legal obligations towards my neighbour to help solve his drainage issue?

I’m happy to help my neighbour with this issue; however I don’t believe that the current proposal is reasonable. I also don’t believe that many of my neighbours whose land would need to be built over are in support of this proposal either.

Thanks for any help / suggestion you can make.

DVardysShadow

If he terminates the drains just above your property, your neighbours will be putting a nuisance on to your land. In your position, I would speak to farmer and insist on him continuing land drains - if that was acceptable - provided he did not simply transfer the problem to my lower neighbour. Having spoken to him, I would make it clearto my upper neighbours that I would hold them responsible for any nuisance coming on to my land.

Obviously, you need to be a bit diplomatic, but you also need to ensure that the farmer solves the whole problem or leaves it alone.

olias

How on earth is he even contemplating dealing with a flooding problem on his land by diverting it to empty directly into your back garden?????? He is either daft, arrogant, or both!

I would initially take advice from the environment agency or local authority (not sure who are the relevant body here, so you may have to make a few calls to find the right person for advice.) You then need to take your cue from them. In the mean time I would speak with neighbours and suggest/request that they hang fire with replying to the farmer until you have the relevant advice.

Even without the problems for your garden, the solution the farmer has come up with so far does not make sense. He would have to get the deeds of all the effected houses altered to provide for a covenant to allow the land drain in the first place, then to allow access for maintenance/repair for the future. He would also have to pay a fortune to reinstate the gardens afterwards. Also where would the responsibility lie if this drain broke/failed and resulted in flooding of one of the gardens or even properties?

He needs to find a solution that is contained wholly on his land and has no impact or potential impact on any neighbouring properties.

Olias

27col

This bloke sounds like one of the modern breed who think that they can solve their problem by making it someone else's problem. Very prevalent nowadays.

iamcornholio

There is a concept in land law that a land owner must accept natural water run-off or flooding from adjacent land, but if such run-off is man-made (ie the end of a drain or from a paved area, then any such water run off will cause a trespass and/or a Statutory Nuisance

If this famer wants to run drains through the property, then you can either grant a licence, or lease, or give full use of the land to lay the pipe, but normally some sort of one-off payment or annual fee is charged. And get everything drawn up properly and incorporated into the property deeds - the farmer to pay all legal costs for this

northcountrymaid

Be careful here, house gardens and fields may be different.
My uncle, 81 year old farmer, says he is obliged to accept water from his neighbour. most fields are drained and the water has to go somewhere. At some point the drains silt up and new works may be required to put them right. Perhaps the original documents when land was sold for housing should be examined.

northcountrymaid

also this extract from a garden forum
'We had a very similar problem in that our property has rights of surface water drainage across a field on the opposite side of the road. This field was then sold off to developers who built houses on it.

At first they did something very similar....basically filled in our drainage ditches (which were open ditches and not enclosed pipework). This resulted in our cellar flooding.

We tried the polite discussion route first. Without success.

So, before embarking on legal action via a solicitor....we simply turned up (myself and 3 family members) and began digging. When the site foreman approached us and asked what we were doing...we showed him a copy of the easement which provides us with the right of access for maintenance (with tools, machinery and men) to maintain our drainage. We then advised that the 'JCB' would be arriving tomorrow and could he arrange for the removal of a brick wall so that we could access.

Needless to say, the developer then began discussing. Eventually, he agreed to connect our drainage to that which was being laid for the new houses (at their expense) and we would sacrifice our easement.

Lesson : Try the polite discussion route first....but be prepared to back it up with action if they are not listening. You might also want to check your easement as you may have right of access for maintenance....threatening to exercise this right may be enough'

DVardysShadow

northcountrymaid wrote: »

Be careful here, house gardens and fields may be different.
My uncle, 81 year old farmer, says he is obliged to accept water from his neighbour. most fields are drained and the water has to go somewhere. At some point the drains silt up and new works may be required to put them right. Perhaps the original documents when land was sold for housing should be examined.

I think there is a distinction to be made here. If it is natural runoff, of course you have to accept it. But if it is exacerbated as a result of works, it becomes a nuisance.