Ownership of drain

[GLJ]

A pond owned by a school at the rear of my property overflows via a drain into a local brook. Unfortunately for me I have a drain sited on my property which is connecting the pond to the brook. The drainage pipe is partially blocked somewhere downstream of me and the drain overflows into my garden and my neighbours when it rains heavily.
Nothing from my property is connected to this drainage system and neither are any of my neighbours connected to it. It is solely for the purpose of allowing the overflow from the school pond to outflow into a local brook below where I live. The school does not accept responsibility for unblocking this drain, and the local council have been no help. Who is actually responsible? The houses here were built in 1996.

[Suggers]

A photie would be good.

Unfortunately for me I have a drain sited on my property which is connecting the pond to the brook.

and

Nothing from my property is connected to this drainage system

Doesn't quite tally.

The school does not accept responsibility for unblocking this drain

Have you invited the head over for an informal meet, and show him what's happening? Surely local schools (presume it's Primary) - don't want to fall out with their immediate community.
Did your original solicitor's search, come up with anything about rights of drainage, easement, rights of access etc.
When was the school built? Way before your houses I bet.
As usual, developers don't give a toss.
Which dept. of local authority have you spoken to?
If you could arrange a meeting of all three concerned parties, on site, to discuss - a solution could be arrived at.
Just my two-pence worth.
All the best.
ps - of course (being slow on the uptake) - your houses are built on the ex-playing fields of the school - sold off for short-sighted gain, 12 yrs ago by the local authority. As happened all over the country.

[GB_Groundworks]

during the recent floods i remember seeing a woman giving a piece to camera in which she said she had a large culvert running under here house that drained a large hillside above here house. and is was partially blocked and the council said it was her job to clear it out.

the thing was there was no access from her land and it was a 2mx2m concrete box channel, after the media interest the council sorted it. perceiver and find the right man to speak to in the drainage department at the council or

for the sake of say £120 might be an idea to get it jetted or surveyed so you can go to the school/lea/council and say it needs replacing or was just blocked. still if you split it with your neighbor 60 quid is better than a flooded house or garden.


giles

[seanandruby]

i would be interested to know if the problem has just started, or, started when your property was built. my thinking is was the drain fractured when your founds were dug, or, build up of silt? what diameter is the pipe and could it be rodded, bunged and flushed, or, jet washed.

[GB_Groundworks]

found this:

Land Drainage

The landowner is responsible for the maintenance of the watercourse itself and the flow within it. The majority of rivers, streams and ditches are the responsibility of the 'riparian' landowners who own land on either bank. If your property boundary is a ditch, river or stream you should be maintaining it regularly. This will have the benefit of reducing the risk of flooding from the watercourse at times of wet weather - both for you and your neighbours

Certain watercourses are designated as main rivers and in these instances the Environment Agency have an additional responsibility to maintain water flow, carry out Defence works and to control building near watercourses.

[danensis]

during the recent floods i remember seeing a woman giving a piece to camera in which she said she had a large culvert running under here house that drained a large hillside above here house. and is was partially blocked and the council said it was her job to clear it out.

the thing was there was no access from her land and it was a 2mx2m concrete box channel, after the media interest the council sorted it. perceiver and find the right man to speak to in the drainage department at the council or

giles

That guy in Hull who died in last year's floods was doing something similar. The culvert had blocked, and he went to clear it, and the flow trapped him against the bars that were there to stop the local kids going into the culvert.

John

[flowjoe]

Always a hot potato these kind of jobs.

The grey area with the riparian ownership issue is that the drain serves a pond and it is not a culvert or underground brook etc.... and the school gets some benefit from the pipe.

There is then an issue as to whether the pond is natural or a man made feature.

It really depends on A) what the developers who purchased the land agreed with the school and B) if they knew the pipe existed in the first place.

As mentioned above for the amounts involved to get it cleared and investigated i would push on before any great damage is done and then fight your corner at a later date.

HTH



Edited By flowjoe on 1226345252

[Mikey_C]

can't you just block further up at the school end, when their pond starts taking over the school field they might be interested?

[Mikey_C]

[danensis]

Either they will have an easement to allow the overflow to pass through the drain, or your solicitor needs a bollocking for not finding it in the searches,

John

[Suggers]

So - total silence from the OP - why do we bother?
I'll tell you why -
Over the last few years, I've learnt so much from you blokes.
This is just a quiet THANK YOU.

[matt h]

could be that the advice he was given he didnt want to hear:D lol

[Dave_L]

Perhaps his computer broke down?

Does the forum send out emails when threads get replied to? If not, it should do - that would get people back to post I reckon.

[seanandruby]

perhaps he went to the headmaster and has been kept in detention and six of the best :laugh:

[danensis]

Perhaps he's put on his frog suit and is swimming down the drain?