Culvert Installed by HA

This forum is for Garden Law problems that don't fit into the other categories. Please treat it with respect.

Moderator: Angelisle

Post Reply
Morgan Sweet
Posts: 243
Joined: Sat Jan 03, 2015 7:47 pm

Culvert Installed by HA

Post by Morgan Sweet » Sun Mar 31, 2019 9:44 am

I fully understand that in common law it is the responsibility of the land owner for the maintenance and repair of a ditch that borders their land and a highway.

Recently a large HGV drove into a ditch and during its long recovery process (most of a day) caused much damage to the highway bank and road surface. The long section of damaged ditch has now been culverted by the Highway Authority, with no consultation with the riparian owner. Presumably this was done under the Highways Act, however who now is responsible for this section of water course?

Collaborate
Posts: 1777
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Culvert Installed by HA

Post by Collaborate » Sun Mar 31, 2019 9:57 am

What did the HA say about ownership of the ditch?

Morgan Sweet
Posts: 243
Joined: Sat Jan 03, 2015 7:47 pm

Re: Culvert Installed by HA

Post by Morgan Sweet » Sun Mar 31, 2019 10:16 am

I do not know, there has been no consultation with the HA. The ditch has existed for centuries to drain an adjoining field. The area and road is in a flood zone and prone to flooding, I understand now that several people living in houses along the road have expressed concern to the HA that the damage should be made good. Ironically it was a large 4 axle lorry carrying spoil for flood defences to the river that drove off the single track road. I suppose that the adjoining field owner should contact the HA to clarify the situation. I was just interested to know what the legal responsibility for maintenance was when the HA undertake such works with no consultation.

IdefixUK
Posts: 573
Joined: Mon Jan 01, 2018 12:07 pm
Number of topics per page: 25

Re: Culvert Installed by HA

Post by IdefixUK » Sun Mar 31, 2019 6:50 pm

Hello Morgan,
I would have thought that the insurer of the lorry should repair to the satisfaction of the land owner.....but as Collaborate asks, who is the land owner?

Regards

Roblewis
Posts: 1834
Joined: Mon Jan 24, 2011 11:41 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Culvert Installed by HA

Post by Roblewis » Sun Mar 31, 2019 9:25 pm

Given that the spoil was for flood defence work then the EA would be the client for these works and the main contractor for the works is ultimately responsible for the actions of the contracted drivers who drive off roads and cause damage. Hence EA would likely require the flood defence contractor to make good the damage. This has no impact on riparian rights or any other ownership of the ditch

Morgan Sweet
Posts: 243
Joined: Sat Jan 03, 2015 7:47 pm

Re: Culvert Installed by HA

Post by Morgan Sweet » Mon Apr 01, 2019 9:16 am

Roblewis wrote:
Sun Mar 31, 2019 9:25 pm
Given that the spoil was for flood defence work then the EA would be the client for these works and the main contractor for the works is ultimately responsible for the actions of the contracted drivers who drive off roads and cause damage. Hence EA would likely require the flood defence contractor to make good the damage. This has no impact on riparian rights or any other ownership of the ditch
Yes, however that begs the question, a water course bordering your land with a road normally means the land owner has the rights and responsibilities (Riparian Rights) that include any maintenance to ensure water from land or road can flow unimpeded. If the repair from the damage to the road and ditch is undertaken under the supervision of the HA and they deem that a long stretch of the open ditch has to be now culverted, who is responsible for the culvert?

I rent the land in question and have maintained the hedges and ditch along the single track road. The land owner was not consulted about the repair and there is now a 50 yard long plastic pipe embedded in stone and earth topped where there was once an open ditch that was easy to clear. Who now is responsible for the newly installed (and unwanted) culvert?

Post Reply