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- 13 Jul 2021
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Can you help me with appropriate legislation to show neighbour pls to prove to him his position is wrong?
We have an ongoing issue and he insists its our responsibility- not his, so continues to flood our land.
We don't want to go legal as we want to stay on good terms-he's pig headed, but if i can print and furnish him with proof he's being a jackass, he will back down I hope. i have already told him i am looking forward to the day when he says the words "You were right, and i was wrong!"
We live in the country in Wales
His farmland has a pond (put in at least 80 yrs ago) that receives rainwater drainage off his land and would overflow in winter but for the fact that it also has drains out of it (no one knew where any of these drains were or that they existed) which cross his driveway, runs along the edge of our land, and across our field and discharges god knows where? Probably over the road onto the lower field somewhere?
ALL THE LAND used to belong to one landowner once, and we bought our property off his mother, who sold him a parcel of her land as his farm.
So his driveway would get washed away into almighty pot holes and was hard to drive up, then he put his property on the market, so got the driveway turned over and rerolled and compressed so it looked better and then was annoyed because water kept coming up out of it and running down ruining it again, so while we were away last year, he dug around on our land and discovered there was a sump filled in with dirt with grass growing over it, so dug it all out, which made the sump fill up with water and relieved the water coming up out of his drive.
Then he dug a trench through our yew hedge and in 3 other spots on our property to channel any of the overflowing water across our land instead of his.
So it flooded our land, a few inches deep in our woodlands, then flowed like a white water river over our vegetables garden washing it all away, and then across our septic soaraway in the field and there was so much water all winter our grass rotted!
So we spoke to him and said (nicely) that that is not an acceptable solution, and if his drains are no longer working, he needs to reroute them when he did his trench for the septic and discharge it into the stream on his land instead, as he has no idea where the drainage from his pond goes, in what direction or where the heck its blocked (he's tried jetting it).
But I spoke to him again today as its been almost a year this is going on now and he's insistent that as the blocked drain is on our land, it's our responsibility.
I explained to him that that is not the way the law works and just because his drains draining his lake run across our land at one point, that does not make the water overflow problem ours.
But he insists it does and feels aggrieved that "we" are "allowing his water to wreck his drive because we have not maintained "our" drains!"
There's no point trying to talk to him further as he won't even read the legislation about drainage serving ones property running across someone else land, and we don't want to have a falling out with him, or go legal, but the flooding cannot happen again this winter.
These drains drain water from his land. not ours, so apart from the fact they run under our field,they have nothing to do with us, nor the maintenance of them, but he won't hear of it and insists that as soon as they cross onto our land, they become ours to look after, which is not correct, so i need to find something specific I can print out and give to him so he can see for himself he's talking *******s and that it is indeed his responsibility.
The solicitor told us just to chuck down sandbags to stop his water flooding our land, but that will only make him ropable as he thinks already this issue is due to US not maintaining these drains which aren't ours, but he believes are!
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We have an ongoing issue and he insists its our responsibility- not his, so continues to flood our land.
We don't want to go legal as we want to stay on good terms-he's pig headed, but if i can print and furnish him with proof he's being a jackass, he will back down I hope. i have already told him i am looking forward to the day when he says the words "You were right, and i was wrong!"
We live in the country in Wales
His farmland has a pond (put in at least 80 yrs ago) that receives rainwater drainage off his land and would overflow in winter but for the fact that it also has drains out of it (no one knew where any of these drains were or that they existed) which cross his driveway, runs along the edge of our land, and across our field and discharges god knows where? Probably over the road onto the lower field somewhere?
ALL THE LAND used to belong to one landowner once, and we bought our property off his mother, who sold him a parcel of her land as his farm.
So his driveway would get washed away into almighty pot holes and was hard to drive up, then he put his property on the market, so got the driveway turned over and rerolled and compressed so it looked better and then was annoyed because water kept coming up out of it and running down ruining it again, so while we were away last year, he dug around on our land and discovered there was a sump filled in with dirt with grass growing over it, so dug it all out, which made the sump fill up with water and relieved the water coming up out of his drive.
Then he dug a trench through our yew hedge and in 3 other spots on our property to channel any of the overflowing water across our land instead of his.
So it flooded our land, a few inches deep in our woodlands, then flowed like a white water river over our vegetables garden washing it all away, and then across our septic soaraway in the field and there was so much water all winter our grass rotted!
So we spoke to him and said (nicely) that that is not an acceptable solution, and if his drains are no longer working, he needs to reroute them when he did his trench for the septic and discharge it into the stream on his land instead, as he has no idea where the drainage from his pond goes, in what direction or where the heck its blocked (he's tried jetting it).
But I spoke to him again today as its been almost a year this is going on now and he's insistent that as the blocked drain is on our land, it's our responsibility.
I explained to him that that is not the way the law works and just because his drains draining his lake run across our land at one point, that does not make the water overflow problem ours.
But he insists it does and feels aggrieved that "we" are "allowing his water to wreck his drive because we have not maintained "our" drains!"
There's no point trying to talk to him further as he won't even read the legislation about drainage serving ones property running across someone else land, and we don't want to have a falling out with him, or go legal, but the flooding cannot happen again this winter.
These drains drain water from his land. not ours, so apart from the fact they run under our field,they have nothing to do with us, nor the maintenance of them, but he won't hear of it and insists that as soon as they cross onto our land, they become ours to look after, which is not correct, so i need to find something specific I can print out and give to him so he can see for himself he's talking *******s and that it is indeed his responsibility.
The solicitor told us just to chuck down sandbags to stop his water flooding our land, but that will only make him ropable as he thinks already this issue is due to US not maintaining these drains which aren't ours, but he believes are!
Top