1. At the outset, you can make the flat parts of the dividing ditch higher. Essentially because this dividing ditch is a common boundary, you are entitled to ensure that it clearly divides your field from his. This allows you to make the boundary as high as is necessary. Secondly, liability does attach to an owner of land who lets water flow from his field into a neighbours, following the decision in Leakey v. National Trust. This applies even in cases where this is the natural flow of the water owing to this being the slope of a hill, as is the situation in your case. Accordingly, I would suggest at the outset that you speak with your neighbour about providing better defences against flooding of your land, such as by deepening the drain on both sides of the common boundary. However, be aware that where flooding is a natural consequence of land not being free-draining and low-lying, a court will not seek to impose liability on an owner of land, as this is an irremediable situation where courts do not like imposing liability. Accordingly, I would suggest that you seek to deal with your neighbour in a friendly neighbourly manner and not seek to resort to law, as the law is a crude solution which may not give you the result you want.
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thank you for that answer.
i have already spoken with my neighbour and basically his argument is it's "flow of the land".
however i do stress that the water on his drain on his side of ditch is running into a hole through the dividing boundary ditch and into my drain (which i fear may overflow in times of excess rainfall). what i did not mention is that there is a bigger drain running parallel to the road and both our drains which are feeder drains (run paralell to each other on either side of the dividing ditch but are perpendicular to the bigger roadside drain) what i sugeested is that his drain which runs parallel to my drain should feed into the roadside drain (as mine does), but it does not as it feeds through the hole in the boundary and hence into my drain.
basically a reasonable man would extend his drain by about 3 or 4 metres into the roadside drain and feed that, but alas no. with this bit of information surley the "irremediable situation" and land not being free flowing etc would not apply?
i would be grateful if you could clarify my reply.
thank you for clarifying issues for me. as all i want is to protect my property and not cause any trouble.
just 1 more question, in realtion to the hole or drain that leads the water from his drain entering my drain, this hole or drain is through the natural land boundary. could i block this from my end and this would prevent water from his drain entering my drain?
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