Neighbour is pouring the river into my field. WWYD?

[pennyturner]

My water meadow has an old irrigation sluice from the river. My neighbour's river keeper has opened it, and all winter I've had half the river pouring onto my land. Had to evacuate just after Christmas, and ponies are still in temporary paddock.

The land is not a flood meadow. The sluice was designed to let some water in, to improve fertility, back in the 1600s before mechanised agriculture, when it was valuable land. Since then, a road has been built across the bottom, so if too much water gets in, it has nowhere to go and fills up like a bathtub.

I see this as diverting a watercourse, and I'm taking it up with the EA, but it's slow, and I doubt it will yield anything helpful.

I'm so angry I could spit, but short of turning my horses out on his lawn (has crossed my mind), what can I do?
The guy's an unreasonable arse and a QC, so no amount of reason has helped, and he responds to everything with legal threats.

Cookies for any idea which raises a smile, and anyone with an idea which actually works (and is legal) can have my car.

 

[Abacus]

I can only think of getting your own lawyer with a view to pursuing him for damages (as a QC he might fight it, or might decide it's not good for his reputation). Is the sluice on your land or on his land?

Is there any other way of moving the water from your land; for example pumping it towards another drain or stream? I am sure you have thought of this...

Alternatively, do some landscaping and turn it into a handy water jump / splash for XC training... um... clutching at straws here...

 

[Tiddlypom]

Has he said why he's opened the sluice? What would happen elsewhere if it was closed again?

 

[pennyturner]

The brickwork etc of the sluice is on my land, but the river (which flows up to it, and under it) belongs to him. It forms part of the boundary, so it's a grey area as to who owns it, or has the right to control. He has, however padlocked it open.

 

[joycec]

If the sluice is on his land, build a culvert to another sluice on your own land, and keep it shut????

 

[Exploding Chestnuts]

It is illegal to divert water on to others land, local press will be interested.
Assume local environmental agency [in Scotland it is SEPA] are scared of him, write to their CEO [recorded delivery] with your complaint and dates of incidents [a diary is needed] plus photos and costs of keeping your horses safe and sound. He has also altered the value of your land.
These is a conservation issue also, fish being unable to migrate to and fro up and down rivers, so the conservationists [local angling club will know about this] can be contacted also, they might build a watercourse, but this could take years.
Mention the padlock, this is probably illegal, he is assuming legal ownership by doing this, and you can protest.

 

[pennyturner]

The river is restricted by sluices across the river (to serve the old mill), which aren't big enough to allow the current high flows to pass. Rather than address the problem by widening or bypassing the sluices on the main river, he's taking the easy option by pushing the excess sideways onto my land.

 

[pennyturner]

I started with the local police (who are very nice). They see it as a civil matter and will not act.

 

[pennyturner]

If the sluice is on his land, build a culvert to another sluice on your own land, and keep it shut????

Good suggestion. I can't do it without the approval of both Natural England and the Environment Agency.

 

[ester]

local MP any good?

 

[Annagain]

Other than going down the official route (which I would always recommend trying first) I agree getting the local paper involved might be good- especially if he's a QC doing something which he knows to be illegal. Failing that a solicitor's letter might make him realise you're serious and not scared of him - I daresay he's used to pushing his weight around and assumes people will think he knows the law so won't question it when he threatens legal action. It would be interesting how he reacts if you threaten the same - especially if the law's on your side (I have no idea about this!)

Or if the sluice is on the boundary and therefore a grey area can you not build a sluice immediately behind it (on your land) and padlock it shut? Expensive and a lot of hassle but at least you'd have land you can use!

 

[pennyturner]

local MP any good?

A very competent tory grandee.
He's great if you want to save a post office or create a photo opportunity for a charity but far too wise to get involved with a private dispute.

 

[ester]

find a family of beavers to build a dam? no?

 

[Tiddlypom]

Has he stated what level that he wishes the river should fall back to, before he closes the sluice again? Presumably he isn't intending to lock it open permanently?

 

[ihatework]

I would take your own legal advise and then hit the local rags!!

 

[YorksG]

QC's who break the law put themselves in a very difficult position........

 

[pennyturner]

Has he stated what level that he wishes the river should fall back to, before he closes the sluice again? Presumably he isn't intending to lock it open permanently?

He has kept it open for over 6 months of both this winter and last. I think he wants it open unless there's a drought and his garden starts to look parched.

I have occupied the same land for 15 years, and it's previously been permanently 90% closed,.

 

[ihatework]

QC's who break the law put themselves in a very difficult position........

Exactly, it would be worth some time spent seeing if he has broken the law and then publicising the evidence rather loudly in whatever way will cause maximum embarrassment.
Only way to deal with arrogant bullies.
Just make sure you have your facts right first though!

 

[Mince Pie]

Make sure you are legally right and then have casually ask the legal barr to find out what to do if you think a lawyer is acting illegally. Then drop it into conversation with your neighbour....

 

[pennyturner]

QC's who break the law put themselves in a very difficult position........

I haven't (yet) been able to prove that what he has done is illegal. Selfish and inconsiderate isn't a crime (unfortunately).

Hopefully the conversations I'm having with the EA and the council will pin it down.

 

[soloequestrian]

I've always been told that it's not illegal to give water to anyone, just to take a source away. I've never checked that, but I would check it very thoroughly before accusing someone of acting outwith the law!

 

[AnotherNewbie]

Sorry to sound really dim, but what's QC? I can only think of quality control....!

As for suggestions...take up growing rice?!

 

[Dobiegirl]

It might be worth a phone call to your local Farmers Union, even if you are not a member someone there should be able to give you some advice as to which authorities you need to contact.

QC is a queens counsel, a barrister I believe.

 

[*hic*]

Local drainage board? Round here they'd be getting pretty hot under the collar with someone interfering with the flow.

 

[Fides]

They are supposed to be used temporarily when the river is at high flow or during drought to save (your) land. They are not supposed to be permanently open and in doing so he is actually diverting the course of the river which IS illegal...

 

[AmieeT]

Could you not go to the press questioning why a QC is acting against the law? And why his clearly thinks that BECAUSE he's a QC he is above the law?

Ax

 

[Darremi]

I wonder if going down the civil law route would be more effective. There may be a claim under tort law.

It is possible that the Rylands v Fletcher line of cases may be helpful to you. Civil law can be used to seek an injunction to stop the tortious act from taking place and/or to seek damages.

Have you spoken to a solicitor?

 

[BBH]

I'd play sneakily I think and get someone to gemmy off his padlock and then shut the sluice denying all knowledge .

Then I'd contact the law society saying you like some guidance as to how to resolve a dispute with a QC who whilst not possibly acting illegally is certainly acting immorally and costing you your livelihood re your horses ( lay it on thick ). If nothing else it should cause him embarrassment .

Also is there anything like a profit a pendre on the land or river which is the right of others to gain / profit from your land ie if fishing club has right to fish on a piece of land and river now gone from that land this denying them their fish , or shooting , game hunters anything maybe another angle to go in from.

 

[Dry Rot]

Rather a land agent than a lawyer, I'd suggest. Also, I suspect the Land Drainage Acts might be of use to you (Google comes up with some interesting links). I occasionally serve a notice on my neighbours here which seems to have the desired effect, but I am in Scotland and don't need a lawyer or land agent to do that for me. How effective that would be if they decided to fight me, I have no idea. I have threatened to serve a notice by an advertisement in my local newspaper which had the desired effect. Nothing beats a public shaming!

I'm with the suggestion to remove the padlock and say nothing. Or could you block the culvert with sand bags?

 

[wallykissmas]

Depending on who owns the river you will need to speak to your local council or the EA but regardless you need permission to impound or divert the flow of the river.

http://www.environment-agency.gov.uk/research/policy/31740.aspx

I deal with the EA regularly and they are not forth coming unless you put pressure on.