Responsibility

[paraffin]

The patio at my home address gets flooded any time there is torrential rain (as at present!) which flows down and onto it from an adjoining field.
Can the owner(s) of the field be held responsible for any subsequent damage to my property as a result?

[Ethel]

No - it is not the field owner's fault that you have chosen to have absolutely no drainage for your patio area.

[Ethel]

Sorry! Totally misread that.

Could you erect a wall or other barrier to stop the rain flow?

Have you got proper drainage on your property for the assumed to be paved patio area?

Has the field owner altered the natural lay of the land, or blocked a natural water flow?

[paraffin]

To "Ethel":
Thanks (I think) for your interest. All I can say is that I do have a drainage facility on my patio area.
Re your suggestions about building walls etc - I have not created the problem which is simply that this field is directly behind my home (and several other homes). My back garden is below the height of the field, hence the reason why water cascades down onto my patio area from the field when there is torrential rain.
I would not know the answer to your other query re anyone having altered water flow (or whatever you suggested.)

[Gmcd01]

This is an unusual loophole in real property law- where water accumulates on land, the owner of that land has the right to drain it off- however, as the land owner of the lower 'field', you are under no obligation to accept the water that drains.
This comes from a well known text calleg "Land Law" by Gray & Gray, who make the point that there has not yet been any case law on the subject. My knowledge of property is a bit stale though, so if anyone else knows more I'm sure they'll tell you.

[paraffin]

To Gmcd01
Thank you very much for your interest and your answer which is also very interesting. I would now at least have a starting point should I need to pursue the matter.

[tufty7]

I think you may be flogging a dead horse to be honest , I think a bit of spade work is required , perhaps a gravel trap linked to a overflow drain could be made , here is a link with some ideas, It certainly has cut down on a rainwater problem I had in similar circumstances... Since i did this i have had no problems . best of luck !

http://www.gardenadvice.co.uk/howto/garden-bui ld/frenchdrain/

[tamborine]

I expect the field was there before your patio was built, so it was your responsibility to check flood plan before building the patio.

Maybe you could build a ditch and re-direct the water away from the patio.

[paraffin]

To: Tufty7 + Tamborine
Much obliged for your responses. I now have much food for thought.