Surface Water Issue

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Surface Water Issue

Postby Maggles » Sun Apr 03, 2016 1:31 pm

I noticed two years ago a sudden increase in water running down my garden. Because we had been having excessively heavy rain I didn't think much of it. However this year it turned into a stream anytime we had rain. I had done work in the last few years luckily which means that much of the water eventually goes but there have been two occasions that its building up at the back of my house as the flow has been so heavy the pipe hasn't been able to deal with it.

I decided to climb up in the field above to see if there was a reason for this and noticed that my neighbour above me has filled and built up their garden to the boundary and this now stops any surface water from the field behind us both from going to them. They had also dug a small ditch in the field to point the water into my direction to prevent surface water from going to their property!

I left everything unsaid as they were removing trees this spring which had been cutting the light out of my garden and I was afraid if I said anything the trees would remain.

This weekend the trees have been cut down, they had my permission to use my garden to remove them but they were supposed to leave me some of the firewood. This has also now annoyed me as the amount they have left me as opposed to what they have given a local farmer (not the one who owns the land next to us) quite frankly is a disgrace given the mess that's been made on my land. He's taken away three trailer loads and they left me with less than half a trailer's worth and only the softwood!

My garden is below theirs, the field is also above me. Again there was never a problem with surface water until two years ago when they started building up the level of their garden only on the side which used to take some surface water which now all flows to me.

I asked the farmer who owns the field if they would mind my putting sandbags at the corner of the garden in the hedge line where the water has started coming down and they have given me permission to do that. I was thinking of gradually putting soil in front of the sandbags to build it up and put grass seed there so that as the sandbags degrade they won't need replacing. Now that the trees have been cut down I would also like to build a wall on my side of the boundary that prevents water running down my garden. The way that it has become there is no point in my doing my garden because once the stream of water comes its so heavy it ruins it. I have a sloping garden that runs towards my house.

Sorry if this isn't 100% clear but any advice or guidance would be appreciated.
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Re: Surface Water Issue

Postby arborlad » Tue Apr 05, 2016 9:40 am

Maggles wrote:I decided to climb up in the field above to see if there was a reason for this and noticed that my neighbour above me has filled and built up their garden to the boundary and this now stops any surface water from the field behind us both from going to them.



These works may have required planning permission, it would depend on the scale and nature of the works. Where did the spoil come from?




They had also dug a small ditch in the field to point the water into my direction to prevent surface water from going to their property!




The owner of that land must direct that surface water into a properly constructed drain or watercourse, he is committing an offence by directing it onto your land. The person who dug the ditch may also be liable but it is the landowner who allowed it.
arborlad

smile...it confuses people
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Re: Surface Water Issue

Postby SwitchRich » Fri Apr 15, 2016 10:00 am

I would focus more on the issue of the water flowing into your garden rather than the amount of fire wood left to you from cutting a tree down (which you have benefited from because of the extra light)
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Re: Surface Water Issue

Postby Maggles » Wed Apr 20, 2016 11:23 pm

[quote="SwitchRich"]I would focus more on the issue of the water flowing into your garden rather than the amount of fire wood left to you from cutting a tree down (which you have benefited from because of the extra light)[/quote]

I am, I was having a vent about the overall selfishness of my neighbour!
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Re: Surface Water Issue

Postby Maggles » Wed Apr 20, 2016 11:37 pm

[quote="arborlad"][quote="Maggles"]I decided to climb up in the field above to see if there was a reason for this and noticed that my neighbour above me has filled and built up their garden to the boundary and this now stops any surface water from the field behind us both from going to them.[/quote]


These works may have required planning permission, it would depend on the scale and nature of the works. Where did the spoil come from?






[quote]They had also dug a small ditch in the field to point the water into my direction to prevent surface water from going to their property![/quote]



The owner of that land must direct that surface water into a properly constructed drain or watercourse, he is committing an offence by directing it onto your land. The person who dug the ditch may also be liable but it is the landowner who allowed it.[/quote]

I think they bought top soil and have gradually placed it there. What they've done is built up and filled and area of their garden next to the field so that the water which used to run across their garden instead now all flows down to my garden. I have taken photographs of it for my own record should I need them.

I spoke to the farmer and they had no knowledge the neighbour had dug the ditch, and I believe them, I have known the farmer for a very long time as has my father. Basically my neighbour dug a shallow narrow trench which was just enough to make sure the water wasn't flowing from the field onto his land and the trench was long enough that it diverted the water in the direction of my property.

When the rain is heavy and the land already wet what happens is the water now streams down one corner from the field and comes down my garden instead of being spread out between my neighbour AND myself. It flooded the rear of my house several times over the winter and made a hell of a mess with the soil. Its only since they raised the part of their garden with this top soil that this 'stream' of water started, I've owned my house for 20 years and never had this issue before.

Can I play my neighbour at their own game and raise the level in the corner of the garden where the water flows down? I have purchased sandbags and intend ordering sand to fill them and place in the hedge preventing any water from flowing from the fields into my garden and was thinking of building up that corner in a similar style as my neighbour over the course of the summer. I have had the farmers permission to put the sandbags in the hedge.
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Re: Surface Water Issue

Postby arborlad » Sat Apr 23, 2016 10:19 am

Maggles wrote:I spoke to the farmer and they had no knowledge the neighbour had dug the ditch, and I believe them, I have known the farmer for a very long time as has my father. Basically my neighbour dug a shallow narrow trench which was just enough to make sure the water wasn't flowing from the field onto his land and the trench was long enough that it diverted the water in the direction of my property. .



Are there any drains ditches or watercourses in the area?..............this sounds like something where working together is going to get a better result than working alone.

Reinstatement of the trench (if it happens) will have to be done with care, once the water knows it's there, it will still want to go there.
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