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Posted: Mon Jan 25, 2016 8:26 pm
by steve5563
New here, and hoping that you can help.
My house that was built in 1972 is constructed on an estate that once formed part of farm land.
Recently my neighbour's house has been flooded and she has had a number of contractors out looking at the problem.
Initially they have found a culvert that is believed to run through her property that may be part of the problem.
This week she has approached me to say that her contractor has uncovered an old field drain that runs under her house and onto my land. She said that the pipe is blocked and that she thinks the blockage has something to do with an extension that I had done 6 years ag and that has caused the blockage.
She told me that her contractor said that is is a riparian drain but to me it just looks like the old style clay sections of pipe you use to drain land.
She then told me that the council are coming round to see me and that the problem will be mine to fix.
Can I be forced to dig up the inside of my house to find where this pipe runs?
I am assuming that there will be no plans in existence to tell me where the pipes run and even if they carry on under my house.
The way the pipe appears to go it would in essence be running up hill with absolutely no where for it to empty into ( no river or ditch anywhere ).
When my extention was built I took photographs as the foundation were dug and there was no evidence of any section of clay pipe and when I looked at the sections of pipe on her side they look like they are well over 1 meter below ground level.
Any advise would be really appreciated.
Thanks
Steve
Posted: Mon Jan 25, 2016 9:52 pm
by lemoncurd1702
Did any of the contractors put a camera down the drain. Maybe a good place to start, find out where and what the blockage is.
Posted: Mon Jan 25, 2016 11:11 pm
by lutonlagerlout
I dont suppose it has anything to do with the wettest december on record?
the land drains she is on about are around 3 inches in diameter ?
if so she is probably talking shite trying to scare you into sorting out her problem
LLL
Posted: Tue Jan 26, 2016 3:55 pm
by steve5563
Hi,
Thanks for the replies.
The section that they have taken up is about 3-4 in diameter, about 18 inches long, and is round with a small flat section.
The pipe itself is full of clay.
I think they have had a camera in as far as my boundary fence and then that is where the blockage is.
I think she is trying to say that when I did my extension 6 years ago they must have dug a section of pipe up effectively blocking the run and causing it to back up into her house.
I have asked her where the run starts and where it goes, as she says it goes under my house and that the council will be calling round and forcing me to reinstate the run.
If that is what has happened can the council force me to do that and can I refuse to do anything until I have seen plans for the run ( which will not exist as it would have been the farmer who fitted the drainage when the estate was all field years ago.
Thanks again for you help
Steve
Posted: Tue Jan 26, 2016 5:35 pm
by bobbi o
probably best, to call in your local ground works contractor and see if there's a cost effective solution to re-connect the pipe and discharge it to somewhere on your land.
if it goes legal it's gonna cost you anyway.
Posted: Tue Jan 26, 2016 5:36 pm
by lemoncurd1702
If they had a camera in the pipe ask to see the footage, it will usually display the distance traveled.
Funny they didn't try to rod it or better still clear it with their high pressure hose, as they were there anyway.
Posted: Tue Jan 26, 2016 5:41 pm
by rxbren
This is why any old land drains we find in footings we replace with pipe through the footing.
If they have managed to get a camera down the pipe to the blockage thee is no guarantee it runs is straight line so if there I enough space it may be possible (don't know the actual name of the sender but good hire shops will know) to put a mouse on the end of a cobra and use a cat scanner to follow the run of the pipe.
At the end of the day if it is your footing that has caused the issue you may have to rectify it only council/lawyers will give you a definate answer.
Posted: Tue Jan 26, 2016 5:48 pm
by steve5563
Thanks again for the continued help.
I understand what you are all saying but when we had the footings dug for our extension there was no drain exposed ( I took photos ).
I think she is basically trying to find someone to blame for her flooding, which during the wettest few weeks was like a river running out from under her house.
I think the biggest thing for me is whether I can be forced to allow the council onto my land to dig to investigate or whether I can just refuse.
As its just an old land drain is it anything to do with the council anyway?
Thanks
Posted: Tue Jan 26, 2016 6:53 pm
by rxbren
Land drains are are grey area of ownership but One version is if the land drain is in your land and its blocked its your responsibility
This is where you should seek professional advice in person at your property rather than everyone guessing with out seein anything
Posted: Tue Jan 26, 2016 8:05 pm
by steve5563
Hi
The problem is no one really knows where the blockage is, and no one even knows where the run comes from or goes to. There are absolutely no rivers, streams or ditches anywhere past my house in the general direction the run appears to go, although that is if it even runs straight.
My main question I suppose is can I just refuse to help as I have no issues with any excess water and there has not been any problems over the last 6 years since my extension was built.
She is saying that the council are going to speak with me but is an old famers land drain anything to do with them.
It would be easier for her to just deal with the flooding in her own garden but she seems to be looking for someone else to blame......perhaps to also pay for all the work that has been done to find the other issues that she has uncovered?
Thanks
Posted: Tue Jan 26, 2016 9:22 pm
by rxbren
Kind of going round in circles here
A cat scanner, mouse and cobra could point out the direction of the drain
if your land is lower than hers then you have to take run off water from there property this doesn't include water from patios or roofs but would include land drains previously installed before buildings were built
It could be easier for her to sort on her side but if the ground doesn't allow for any soakaways then the land drain would be the answer.
She could be looking fir a way to not pay for it but at the same time if your neighbour built something that damaged the land drains you would expect them to sort it too
Again no one is going to put their neck or reputation on the line on a possible legal dispute and anyways reading something on the internet to try and wave in someone's face doesn't make it the right answer.
Speak to the council or citizens advice as that's what they're there for
Posted: Tue Jan 26, 2016 9:33 pm
by steve5563
Rxbren,
Thanks again for taking the time to reply, and I understand what you are saying.
That is the point though I don't think my extension has anything to do with her current situation and I just wanted to know from the members on this site whether historic land drains are the responsibility of the council.
Her land is actually lower than mine and if the run goes the way it appears it will actually be going uphill!!!!
Also even if I clean out my section god knows how much further the run goes and whether I will just create problems for myself in the future.
As you say going round in circles as no one has been able to answer one of my main questions about the council and whether I can refuse to allow anyone to force me to dig up my garden / house.
Again I appreciate your time replying and I think I will just await a visit from the council ( if they do turn up ) and then take it from there
Regards
Posted: Tue Jan 26, 2016 10:14 pm
by lemoncurd1702
Ah so your actually uphill and the drain runs from your property into hers.
Should've mentioned that before. :p
Hmmm.
Posted: Tue Jan 26, 2016 10:54 pm
by lutonlagerlout
she sounds a wrong'un to me
we get this type of stuff some time
build an extension and neighbours pipe up
"my wall is mouldy" (fix your gutters)
"my cat died" (it was 16)
"I cant sleep for the noise" (its daytime love ,turn jeremy kyle up)
"I dont know how much more I can take of this" (after your 6 month build turned into 12 ,but ours is done in 3 months?)
LLL 
Posted: Sat Jan 30, 2016 9:07 am
by seanandruby
Uphill ??? You are just looking at it that, it almost certainly will be running downhill, or flat. The usual way they did them back in the day was put a piece of turf over the joint upside down on the butted up joint and fill around pipe with loose soil. Maybe you could compromise with your neighbour and dig a soakaway.