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Ginkotree

My neighbour is going to dig a ditch

This used to be a huge farm and the fields that I am left with all have water running through them. The field along side one of my boundaries goes way back across the lower part of the hill beside me and the next hill along. There are houses built below the far side of the field and has all the water running into the back gardens,it all was field years ago. Now the residents are complaining of the water running from the other hill and the owner of the field,who also own a house over there is saying he is going to get a ditch dug the lenght of the field and bring All the water from the far hill to run down the ditch that goes down my lane...we share hedge line by the lane...I am worried as the ditch and drain does not always cope with the amount of water that flows already. There is an acess already made into the field for further development halfway across the fieldwhich could end up being a large housing estate...if I allow the ditch my lane could be washed away ...and a huge amount of water sent down reservior road..he will not like it if I complain , but I am worried...
john of wessex

Might be worth having a word with your Water Company and Local Council as a start.

As they are responsible for drainage anything that might cause problems will be of interest to them.

You can also usually get a fixed fee interview with a Solicitor, or perhaps a Surveyor.

But try talking to your neighbour first.

If you have put them on notice that there could be problems it will stand you in good stead if anything happens.
RichardW

Does he know that the existing water path is fully loaded? If not a polite chat with him might be all that it takes. Could he also improve the current water path that you are worried about?

Richard
Behemoth

Field drainage is not Dwr Cymru's responsibility.
Ginkotree

Its taken me years to build a relationship with this Local influencial man...Ive walked the area this morning and by the lay of the land there could be far more water than I first thought... Shocked
I will talk to him as it will affect everyone living down the lane as well , the drains often have water coming Up from them as it is...and the road get flooded at certain points...
he is not going to be happy , Im not supposed to know anything about anything being an incomer and new to this world (13 years here now) and I think he wants to drain the field for more houses..people need to live somewhere and that seems the next likely spot to spread into...I think if I ask Him for all my fears to be reassured, dumb blond....he might have to come up with some answers to problems he has not thought of...
Ill try that first before making it official, he told me that someone who had upset him could get a house built right up to there back garden .....Nice man if you are on his side,but the farmer who he has asked to do the job has to stay off the field till september so I have time..just dont want it to be a panic STOP...
Behemoth

Local Council, Highways will have an interest if they have roadside gullies to maintain. If they drain to the sewer netowrk, Dwr Cymru will have an interest, though a lot don't, but start with highways. You could use that as your get in.... there are problems with gullies at the moment and you've heard that more water could be coming their way, but you're not sure, could they look into it.....
James

EA Wales may have something to say if its going to increase the flood risk. Phone your local office & ask for a development control officer.

My parents are going through a similar problem with field drainage running out onto their lane. They have found out that the council is responsible for any drainage on the downslope side of the lane, while the landowner is responsible for any up-slope drainage.
Dr Rob

It's unlikely that the statutory undertakers/local council will be able to assist here.

This appears (potentially) to be a private nuisance in law in respect of which you and your affected neighbours should be able to obtain an injunction to stop the works, and damages. This is a civil remedy. In addition, the Protection from Harrassment Act 1997 may possibly be relevant - this protects individuals from nuisance/ harassment from their neighbours. This is a criminal remedy.

Perhaps you and the affected neighbours could get together and see a solicitor.
Ginkotree

Thanks for all the advice and ideas to follow. Luckily he cannot have the work started before september so we all have time to try and work out a happy outcome.even ,with luck ,an improvement in the situation for everyone. I think we are all facing the results of the torrential rain throughout the year and water is going to be an on going issue for many people in the future....
After reading your replies I have spoken to my friend who keeps her horse here and she knows someone who job is drainage, so maybe some friendly advice would help allay fears and inform my nieghbour of the effects of the ditch before he starts ...and possibly suggest a real solution to his problem...He is an old man and I do not want to upset him so softly softly first I think as I have the luxery of time.Thanks again
john of wessex

Sounds like a good move to me.

It would be well worth talking to some of the organisations that have been mentioned though before going to your neighbour, then you will have some idea of what can - and cant be done so you dont end up squabbling over something you cant do anything about.
Ginkotree

I have found out a little more and am waiting for my friends drainage man to come and quietly assess the situation, there seems to be a lot involved as my nieghbour is saying the water board changed the draianage of the field when they put a pipe through his field,and there was a ditch where he plans to dig years ago, that must have been many moons ago and well before my time here. I looked after his sheep for him when I first came here and the field was water logged then, but he has allowed the local farmers cows on it in the last few years and having walked it yesterday , they have really poached it up pretty badly.so I can see why he is wanting to do something about it. I think with the thin layer of top soil sitting on grey clay and the place being known as" Seven Springs" in the past, he is going to have a hard job drying it out.Apparently prisoners of war were put to work to try and drain the fields in the war to make them more productive..
My neighbour has made friendly overtures by offering my friends horse grazing today, so I think we have a chance of getting this sorted so that everyone is happy. I will gather more info and see what comes and hope he might see my friend as an impartial person and hear what the experts say through her. Then with luck together we can sort this out so we are all happy... MORE Rain today and I saw in the local paper the emergency services were practicing flood alerts at a local village so I think we might be better off simply building an Ark. Laughing
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