Can he be stopped??

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Can he be stopped??

Post by SallyS » Tue May 10, 2016 3:50 pm

Thank you for reading, I will try to keep this brief. We moved into our property 6 months ago, In March we had a major flood in our property, it is a converted barn, we belive this was partly due to blocked council drains backing up but also we discovered that our neighbour who is converting another barn behind and above ours has put in what we believe to be a large soakaway pipe into the steep fields behind his "new Barn" and this then connects to the surface drains (drain pipe run off) that we have a legal responcibilty to allow through our drains under our property until they meet with the main drains on the roads. This pipe is not mentioned on any planning reports or plans prior to his barn getting planning approval.

We would like to know can he put this water though our drainage system, when it rains the flow of water is extreme and our system obviously can not cope. We have contacted planning enforcement but dont hold out much hope. We can see where the drain pipe water is flowing and then it meets with the soakaway water pipe and the flow must quadruple! The outlet flow diameter of the pipe that leaves our property is the same diameter as the soakaway pipe... so logic says a soakawy pipe + 4 bed barn roof drainpipes + 5 bed barn roof + other allowable run off acan not all exit through the same diameter pipe without backing up??
We just want to know that this really can not be seen to be "Run Off" water which we are expected to take, surely it is groundwater that he is illeagly channeling. When on better terms he allowed us to pop a sandbag in the pipe that "he knew nothing about!!!" and that stemmed the flow, but suddenly the water around his property started to rise!! So we can see why he put it in.

Any advice would be great, all we want is to stop this flow of water through our property.
Very best Wishes.

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Re: Can he be stopped??

Post by despair » Tue May 10, 2016 6:16 pm

You need to contact Building Control because I am sure he is required to install his own surface and foul water drainage

Unless your deeds specifically allow him to drain through your system he is well out of order \

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Re: Can he be stopped??

Post by jonahinoz » Wed May 11, 2016 8:40 pm


Isn't there something about a private drain becoming a public drain when it crosses into another property? Or is that only foul drains? Or something like that?

Google suggests that he does not have the right to pass water onto your property, except by an established water course.


Hugh Jaleak
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Re: Can he be stopped??

Post by Hugh Jaleak » Sun Aug 07, 2016 12:23 pm

Bit late, but FWIW. A drain serving a single property becomes the Water Company's (as Sewerage provider's) responsibility once it enters a neighbouring property. Firstly though I would be contacting Building Control, (if you haven't already), as they will be concerned with drainage arrangements if the building is being converted into residential accommodation. The drainage hierarchy also needs to be applied, (SUDS, Sustainable Urban Drainage Systems), requires rainwater drainage to be directed to an appropriate point for disposal. Soakaway, if this is not suitable, then surface water drain, and if that isn't suitable then combined drain. BCO to approve chosen option.

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