Drainage Discharge into Ditch - does it need an indemnity policy?

arjc

We're looking at buying a house in countryside, not connected to main drainage. It has a bio-filter which discharges into a ditch on what would be our boundary which I believe we would be at least part responsible for (hedge on our side of it). In reality most of the outflow from the bio-filter will be absorbed before leaving the property. However, there is also surface water drainage from the garden which discharges close to where 'our' ditch joins a ditch on adjacent farmland which carried the water away downhill to a river.

Our solicitor is suggesting that we (or more likely our vendor) needs to obtain an indemnity policy against the risk of the owner of the farmland refusing us permission to continue to discharge into his ditch.

This sounds logical to me in some ways, but I've not heard of it before and it must be a very commonplace situation in the countryside. Is this policy really required or is there a statutory requirement on ditch owners downstream to accept inflow?

Thanks.

country_sport

Bio- filters are fairly new in this country, taking over from septic tanks so i would check with your local council that permission was given. This may be in the local search anyway. The discharge from a bio-filter is nearly drinkable so i dont think the any owner would mind but yes, i would check. Start with asking the vendors.

merlinthehappypig

We have always had septic tanks and the newer bio-versions so, whilst no expert by any means, can help a little.

It's common place for the run-off to go, either directly or ultimately, into a neighbours land. It should be marked on the plans of both properties. There is a requirement now for the plans showing the site of both the tank and the run-off to be formally registered with the Environment Agency.

The seller of the house that you are purchasing should have paid for this if it hasn't already been done. We had to with our last house. You should get your solicitor to check.

As for the indemnity, it sounds like another excuse to extort money from homeowners, like this chancel nonsense.

Again, check with your solicitor, or another if you aren't confident with his advice. Every house we have bought and sold in the countryside, in both England and Scotland, has had the easments clearly laid out in the deeds. This shows where you, or neighbours, have rights across each others land. These might included rights of access, water pipes, septic tanks and run-offs.

We have even had septic tanks for our property on other people's land and this has always been an ongoing right in the deeds. Same for the run-off - our last house had the run-off on a neighbouring farmers land and this was clearly marked in the plans and mentioned in the deeds as an easment.

There are obviously rules about what can, and can't, be discharged into a water course, but, as the previous post said, discharge from a bio-filter is totally harmless and drinkable so no worries on that score.

Believe me, it will be nothing compared to what most farmers routinely discharge into ditches and rivers as a by-product of fertilisers and pesticides.

I'd forget all about any indemnity, but, if you are at all worried, get the seller to pay.