Drainage rights

[Paul in the woods]

Does anyone know much about drainage rights? I have some simple understanding and I've done some reading but it's a vast subject.

 

I understand some basics, such as the requirement to accept water from a higher field for example, or riparian rights to accept water from a higher ditch into yours etc.

 

Specifically I have a field that I'd like to plant up with trees. This field is being flooded by the road via the field entrance. There is no ditch on the road or in the field so I do not believe there are any riparian rights. There is nothing in my deeds and nothing came up in the searches when the house was purchased.

 

It is not a simple matter to dig my own ditch as I would be diverting water containing a large amount of pollution from the road direct into a stream. It would also be a fair bit of work to maintain as there's a vast amount of silt that will block it.

 

As I don't use this field entrance I can either block it or leave it to naturally block. However, this will leave the water on the road. I have tried discussing the issue with the council but they have been no use at all.

 

Matters have come to a head as there's been some recent accidents due to the poor roads in the area and I'm worried that I'll end up with a field full or diesel/oil etc. When I've raised this with the council they feel it would be my problem to sort out.

 

So, does anyone know if I have to accept this water and everything it contains? Can anyone point me towards a suitable guide? I am aware I may need to take legal advice but I would like to get a better understanding of the law first.

 

 

[Toad]

As I understand it, the presence of ditches or not doesn't matter, you are downhill and therefore should accept the water.

 

Were there any ditches or any form of drainage previously? A lot of stuff disappears into the weeds or gets filled in. You could try speaking to the local lead flood authority, which may be the same council, but a different department.

[Paul in the woods]

There are no ditches at all, no space for them on the road and no sign in the field.

 

There's plenty of examples where you don't need to accept water, for example a one neighbour cannot channel water where it would harm the other neighbour. (You cannot divert gutters onto your neighbours patio for example).

 

I am also aware that if the boot was on the other foot, i.e. my field flooded the road the council could take action against me. So the laws are not straight forward.