Flooding from surface water drains

[crazycatlady7]

Hi, I live in a house that keeps flooding each time it rains from the storm drains. The land is private and each landowner is responsible for the drain on their land.

We have cleared our drain run but no insurance will touch it as it's shared.

The system is old, and has not been cleared or maintained for 50yrs. It is full of silt, leaves, tree roots and breaking down so concrete is in the system causing blockages.

Now the landowner behind us needs to clear and repair his pipe- an ongoing issue.

We have asked the people upstream to then work together to clear upstream to the end of the run- if we don't do this the silt, leaves and concrete will run down and block again flooding us again. I've been told I'm being unreasonable and should pay for it myself. But should I be responsible for the whole run which serves the majority of the estate (100+ houses) ?

What I want to know is where I stand legally- and if I do go the legal route would I have to declare this when selling? Ideally I don't want to go the legal route but I cannot see another option other than moving now.

?

Are you sure it isn't your local water authority's responsibility? Since The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011, where sewers and lateral drains are on private property they are now the responsibility of the water authority. Might be worth finding out by contacting them.

Honestly I've been at this for 4 months Thames/council/ environmental department do not own the storm drains here.

We are all responsible for the part on our land- but as we are the lowest house we keep flooding- but the drains are in bad condition adding to this. We've sorted our part but it will be damaged and blocked again as no one up stream will accept their legal responsibility to maintain their section.

I cannot afford to take the whole estate on nor can I afford to repair and clean the system.... so where am I left? Just any help or signposting would be great

I would suggest a solicitor's letter to remind all of their responsibility might be a good start. I know you'll have to pay but it could be worth it. Try a local firm who has some additional knowledge on property matters (not the same as conveyancing)

Do you know if I Would I have to pay for each letter for each house? There's over 100 houses here.

If they all have the same responsibility you could ask the solicitor to draft a letter that would be addressed to them all and then hand deliver them? What you have to ask yourself is how are they going to come up with a joint solution? And are they are jointly liable for the issue? Have you had legal advice that that's the case (eg in your report when buying the house). It's always hard when there's that kind of situation like a private road when all the users are responsible

Have you asked your insurers for advice?

I had this problem on some land I own, where the sewer kept blocking but I did not discharge into it and the 30 houses discharging into it would do nothing. I really think you need legal advice as to responsibility. I believe it is the water authority.

Insurance won't touch it as it's the shared drain leaving the estate to the gully's abs to the river.

And no it's not the water's responsibility... we've been there, and council and the environments agency. It's apparently ours.

From what I understand you have a legal responsibility to maintain drains on your property to not damage or flood your neighbours so technically if I prove their lack of maintenance on their part is causing damage to us by flooding that's my way in?

What I want is the system cleaned and repaired so that the work we've done to clear our section will keep us safe for a while but eventually the concrete will block the system causing us to flood.

You do need legal advice on this, and support to enforce it. You could also try your local councillor for some help

My local councillor is a joke.

I'm trying to find who to ask legally. DH doesn't want to go down the legal route.

It's been made very clear we aren't welcome here anymore, we do want to sell but can't at the moment so we have a solution which should buy us some years, but eventually the concrete, dirt etc will block again. 😢

I want to know if I can legally move the manhole cover to my garden so it floods the garden not the house. And if we do remind them of their legal responsibility would this have to be declared when selling?

Hello, I work for the EA. If the drain is on your private land, it’s likely to be yours. Have you checked your deeds?

Does it carry a watercourse, or is it usually dry and just takes surface water run off?

The issue is now my part is clear, but upstream is full of dirt, tree roots, and it's breaking down. It's going to eventually re block, we've asked people to work with us to clear the system out but they are refusing- I think as things stand we may get a few years before we are back in this situation.

The system is never dry as the water cannot freely flow. It's about half full of dirt and concrete bits (we've manage to lift the covers in the open spaces but cannot check those on peoples land.

Even with us deliberately flooding our garden we've unearthed the pipe and cut a hole- we are still flooding at the front.

I could just accept that no one upstream will clear their drains- but I will be back in this situation in a few years- or I can just move and leave it to be someone else's problem. Sadly I like my house, and if people upstream maintained their part it would be too easier. Also to add if water doesn't get into drains it comes down the road flooding us- so it's just crap really!

From what I understand you would need to declare this when moving anyway. Your only choice would be to visit a solicitor.