rainwater drainage

[johan j]

we have a farmer's field behind our house & a 'B' road in front of it. Rain water from the field drains through our garden in underground pipes & empties into two small plastic tanks - one inside our boundary & one outside next to the road. Pipework from the outer tank is blocked somewhere under the road & the water is backing up into our garden. the lawn is ruined & 5 of our 30ft conifers are now leaning over at about 30* due to the soft ground & recent high winds. The local highways dep't is insisting we address the problem of water running down the road from our garden. We wonder whether we are actually responsible a) for the collection / draining of rainwater from the farmer's field & b) the pipe under the road which is presumably connected to the gulley system? any advice very welcome!

[FP]

You don't live in Norfolk do you?

We have a drainage ditch  running behind our house which drains water from the farming land behind and continues past our neighbours back garden and then meets with a drainage ditch  at the front of both houses (which runs open for about 1/2 mile and then is piped underground)  Water from our land does not drain into the dykes at all.  When the front dyke became blocked the Highways Dept told us it was our responsibility to clear the dyke at the front  (even though it is not on our land).  Water from the road actually drains off into the ditch!   We fought them on this for quite a while.  We have lived in the property for 26 years and Highways Dept. had always cleared the ditch before.   Eventually, we told them that as the ditch was of no benefit to us we would fill it in in the area in front of our property.  They gave up in the end and now come and dig the ditch out because otherwise the road (which is an A road) would be badly flooded.

The front ditch is about four foot deep and the width across our property is approximately 200ft!  And they want us to dig it out!!  Obviously the County Council wants to save money!  

How on earth can we be responsible for a ditch which is not on our land, does not drain our land and is there for the purpose of draining water from the farm land that surrounds us and the road in front of us?

A similar problem to yours I think. 

I hope you manage to sort it out.  I can only advise you to argue it out and stick to your guns.  

[incitatus]

if you examine the deeds to your property you will probably find an easement for the piping, because if it does not belong to you the farmer must have had permission to lay it.  this easement should tell you who has responsibility for this piping, and i suggest you get the council to contact them.

[johan j]

thanks for the replies (we live in north yorks). have to say that being held responsible for that drainage ditch was ludicrous. Our local highways dep't have now agreed to investigate the blockage, without guaranteeing to cover costs of any repairs. Our position is going to be that if they continue to insist the blocked pipe & outer tank lies within our boundary (which it clearly doesn't), we are going to insist they remove their road from it. We might also qualify for some backdated 'rent' for a telegraph pole carrying electricity cables which is sited within the area Highways says is ours. Good point about easement, will look into that. 

[FP]

Great Idea Johan about asking them to remove their road.  By the way we have a telegraph pole in the corner of our garden as well and I am at present considering charging for 26 years back rent!

Hope things work out for you.  Don't give in.  Too many people just let the authorities walk all over them!