The garden of my tenanted property floods very badly if it rains heavily. Behind the back fence is a drainage ditch which runs the length of the garden, indeed it runs the length of approximately 15 homes both detached and semi detached. Until council cuts three years ago the local council maintained it by regular maintenance and since then l have had flooding. The flooding department have said it is now the responsibility of the riparian owners whose garden it runs along and l should contact each owner, try to gain access and remind them of their duty to maintain. A tall order given there are about twenty houses and l imagine enforcement by me would involve consulting a solicitor and some costs. I have pushed the council to send a letter to all residents reminding them of their duty which they have done but said any other action is up to me. It is likely l will lose rental income until the problem is resolved and /or the possibility of a tenant litigating against me for loss of use etc. I imagine it would be costly for me to take action against the council or force them to clear the ditch. This would involve researching cases etc and l donít have the capacity to do this anymore. They are adamant it is now the responsibility of the riparian owners to maintain.Any suggestion would be appreciated. I did land law many years ago so l will understand advice couched in legal terms.
Want to read more?
This is a members only forum, if you want to read more you need to login to your membership, if you are not a member, click here to join.