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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10102
Experience:  30 years as a practising solicitor.
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Neighbours concerns over new field drain within my property

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Neighbour's concerns over new field drain within my property boundary.

My garden is on a hill. Above it, there is a field that has poor drainage through what appears to be some broken drains when a SUDs pond was installed. The owner of the field and the property company that installed the SUDS pond deny responsibility.

For the past 12 months, my garden has had standing water at various points next to the field following heavy rainfall. While this did drain over time, it rarely completely dried.

I have installed a field drain to carry the water away from the points where it was pooling to the bottom end of my property.

My neighbour down the hill has an extensive system of field drains but refused a request to connect my drain to theirs. As a result, we have left the bottom end of the pipe draining into a Roman drain from which the excess will seep away into the surrounding soil. The top of one of their field drains is approx 2m away, directly downhill.

My neighbour has complained about this solution and is threatening legal action to force me to remove the drain. I don't think that they have grounds as no damage has been caused at this time.

To complicate matters, I am in the process of selling my property so could do without a protracted dispute.

I was appreciate guidance as to whether the installation of the drain within my property boundary with no connection to their drain exceeds my rights and whether they have any grounds to make me remove it.
Thank you for your question.

They can only make you remove the drain if there is evidence that it is causing or is likely to cause damage or nuisance to their property.

You should make a formal request to connect to their field drain. If they still refuse to can apply to the sheriff for a warrant to authorise the connection under section 88 of the Civic Government (Scotland) Act 1982 which you can view at the following link:

www.legislation.gov.uk/ukpga/1982/45/section/88

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
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