Flooding - Advice please

wildandwoolly

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Over the past few years two of our paddocks have been badly flooded every time we have heavy and prolonged rain. The flood water is run-off from nearby fields which have changed use from grazing to intensive cultivation for a tree nursery. It is so bad that our septic tank fills up and the soakaway is under water which obviously causes problems with the loos in the house. Fortunately the water doesn't come up to our house but was very nearly into our next door neighbours house at Christmas. When flooded I cannot use these two paddocks and have to wade into the arena as the access is through one of the flooded paddocks so it does cause problems on a daily basis. We have approached the nursery and asked them for help and their solution was for us to increase our drainage provision to help the water get away faster! Our existing ditching and drainage works very well for rainwater on our own land but cannot cope with this excess run-off. Unfortunately we are the low point so all water comes our way. They did lend us a huge pump earlier this year which cleared the flood in about 3 days but this is obviously not the answer. We feel it is not unreasonable for us to ask them to divert the run-off into their own drainage system. Has anyone else been in a similar position and if so how did you manage to resolve it? My OH is becoming increasingly angry about it and has phoned the environmental health dept and also wants to build a bank along our boundary to slow the water down but whilst this might work, I don't want to worsen the effect of the flood water on our next door neighbours. Any advice would be much appreciated. Thank you.
 

Fransurrey

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Have you had a drainage survey done? My understanding is that it's illegal to modify your own land in such a way that it increases flooding to neighbouring land, in which case a drainage survey might give you some legal ammo to force them into taking responsibility.
 

Keith_Beef

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I did a bit of law in college, and one of the cases that I remember studying (well, one of the two that I remember, the other being the famous Carbolic Smokeball Company case) was Rylands v Fletcher about water flooding a coal mine, because a neighbour employed contractors to make changes to his land.

Don't take my word for it, though: get proper legal advice.

A solicitor will be tell you what your rights are and be able to draft a letter (for a fee) reminding the commercial nursery of any obligations it might have with regard to managing its run-off water.
 
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