Culverted Watercourse

Thorpey

Hello,

I have just discovered a culverted watercourse that runs through my garden after the heavy rain last weekend, caused my drains to overflow and flood my house. My Garden is also a total mess as my neighbours rainwater drains connect to the culvert pipe in my garden and have become loose/never sealed.

The stream starts in a farmers field, runs into a culvert under the road, turns back into a stream in my neighbours garden and then flows into a culverted pipe down through my garden and away somewhere.

So the local council have said my responsibility. I would love to fill it in and let it flood the farmers field, but I know thats not an option
So what are my options?
- The culvert was obviously built some time ago to make way for the road and to stop flooding. But it now causes flooding at my property as its not able to cope with the flow, so sureley the highways/council have some responsibility?

- Do I have to allow my neighbours rain water drains pipe through my garden to the culvert, or can I block these off? which should alleviate some of the flooding. (this neighbour is on my other side, not the one with the stream).

Help and advice appreciated

Cash-Cows

Is it partly blocked? If so unblock it.
If it's not blocked, build a bigger one.

Davesnave

Thorpey wrote: »

Hello,

I have just discovered a culverted watercourse that runs through my garden after the heavy rain last weekend, caused my drains to overflow and flood my house. My Garden is also a total mess as my neighbours rainwater drains connect to the culvert pipe in my garden and have become loose/never sealed. It sounds as if you didn't do due diligence at the time of purchase. Why was the stream not noticed when it's as close as next door?

The stream starts in a farmers field, runs into a culvert under the road, turns back into a stream in my neighbours garden and then flows into a culverted pipe down through my garden and away somewhere.

So the local council have said my responsibility. I would love to fill it in and let it flood the farmers field, but I know thats not an option Surely, if you're downstream, it would flood your garden worse than the field and your neighbour's property too.
So what are my options?
- The culvert was obviously built some time ago to make way for the road and to stop flooding. This isn't obvious to me if there's an open section in your neighbour's garden between you and the road culvert. They are seperate. But it now causes flooding at my property as its not able to cope with the flow, so surely the highways/council have some responsibility? Depends on when it was constructed and by whom. You might have to do some asking around and research.

Do I have to allow my neighbours rain water drains pipe through my garden to the culvert, or can I block these off? Your neighbour may have a right to drain across your land to the culvert if this is mentioned in your or their title documents. (deeds) Without a legal easement, they may still have acquired such a right if their drains have been like that for 20 years or more. Blocking them deliberately would be unwise and might make you liable for any damage caused. which should alleviate some of the flooding. (this neighbour is on my other side, not the one with the stream).

Help and advice appreciated

First, I'd want to check that there is no obstruction. We've had heavy rain before and presumably the drain has coped if you haven't had flooding before. Apart from a physical check, ask around about past flooding.

Although I'm not convinced it is, if the culvert is inadequate, you may have to consider its replacement. Maybe your home insurance would assist you in determining responsibility, as they have an interest here. It's also worth contacting the Environment Agency who are responsible for aspects all watercourses, and the local Water Authority.

Bottom line: try to find out when the culvert was put in and by whom. Old maps might help track down the date approximately. If it was something done privately by a former owner of your house, then sorting it out is likely your responsibility, but few private individuals culvert watercourses.

RelievedSheff

As you are the riparian owner of the watercourse you are responsible for it's upkeep.

Under the land drainage act you are also obliged to keep the free flow of water from your neighbouring properties through your own.

If it is just silted up getting a local drain company in with a jet vac will sort it out for about £600-£700.

If it needs replacing it will likely be more expensive but worth getting it cleared out first to see if it resolves the problem.

Thorpey

Camera has been down and no blockage, there is a constant stream of water all year round, even last summer when it didn't rain for a month. Purely volume of water and lack of capacity when rain gets heavy.

EH passed me onto the highways agency, whom originally tried to wash their hands of responsibility, are now investigating after I sent a few emails to local councillors. I have asked as you mentioned Davesnave, who built the culvert and when? waiting to hear back, it must be over 20 years ago.

Nothing in my deeds and nothing in my neighbours deeds. These houses were built in 1975, so interesting what came first, the houses or the culvert.

Thorpey

Cash-Cows wrote: »

Is it partly blocked? If so unblock it.
If it's not blocked, build a bigger one.

Thank you so so much for replying. If it wasn't for your quick and enlightening response I would have never thought to unblock if it was blocked.

Keep stating the obvious, you are really good at it :T

RelievedSheff

Regardless of what came first, if the watercourse is in your land it becomes your responsibility.

If your culvert is causing flooding downstream then you have a responsibility to sort it out unfortunately.

Thorpey

RelievedSheff wrote: »

Regardless of what came first, if the watercourse is in your land it becomes your responsibility.

If your culvert is causing flooding downstream then you have a responsibility to sort it out unfortunately.

I thought that if the culvert was after the house, it should be on my deeds or come up in when my solicitor was doing the searches etc.?

If the culvert was pre house, then there should be record somewhere of the houses hooking it to up for the surface drains? If there is no record/plans that my neighbours surface drains go into the culvert (they don't know they do) could I cap them?

If it turns out it is my responsibility then I cannot afford a bigger culvert, I suppose my only option would be to plug up where my surface water drains run into the culvert and divert them away.

naf123

How big/deep is the current culvert?

Thorpey

naf123 wrote: »

How big/deep is the current culvert?

Its about 3/4 feet below ground level accross my property and around 2ft wide.

Davesnave

If the houses have been there since '75, then it's likely the neighbour has always drained their surface water to the stream, because the decision about where to send it would have been made during design and construction.

If that's the case, the neighbouring property has likely gained a right to these drains on your land by what's called Prescription; i.e. use over more than 20 years without permission,secrecy or use of force. The fact that the current owner doesn't know about them doesn't matter; after all, it's not in his deeds.

When we bought our property, there was nothing on our deeds to show a neighbour drains the run off from their septic tank into our field; we found out a few years later when it malfunctioned. Like you, our drains have been in place since the 1970s, so we just have to put up with the extra drainage into that corner of the land.