Broken highway drain on private property
Discussion
My friends elderly mother is having an issue with her local highway agency, Severn Trent and the council.
The issue is that a drain pipe which services the road and pavement is leaking and all three above are denying they are liable to repair it. The leaking drain is running under the front garden, this drain does not service the mother's property in anyway.
She has had a response from the Highway's agency in writing to advise it is not their responsibility and quoted Land Drainage Act 1991 to say this is the land owners responsibility.
She has no legal insurance cover, the council say to call the highways agency and Severn Trent advise they only manage the main water pipes.
Can anyone advise if she is responsible and give any advice on what she can do as the water will over a period of time damage the main building.
The issue is that a drain pipe which services the road and pavement is leaking and all three above are denying they are liable to repair it. The leaking drain is running under the front garden, this drain does not service the mother's property in anyway.
She has had a response from the Highway's agency in writing to advise it is not their responsibility and quoted Land Drainage Act 1991 to say this is the land owners responsibility.
She has no legal insurance cover, the council say to call the highways agency and Severn Trent advise they only manage the main water pipes.
Can anyone advise if she is responsible and give any advice on what she can do as the water will over a period of time damage the main building.
Red Devil said:
What specific section/paragraph of the Land Drainage Act 1991 is the Highways Agency invoking to absolve itself of responsibility?
Whose land is it on if not that which is the responsibility of the HA?
Without pictures of the location and the drain pipe it's difficult to comment or give any pointers.
All they have put on the letter is "land drainage act 1991" and when I called them to ask were in the act it advises it is the land owners responsibility the manager advised it is up to us to read it and understand it and they have sent a letter and that is final, the OFWAT are no help.Whose land is it on if not that which is the responsibility of the HA?
Without pictures of the location and the drain pipe it's difficult to comment or give any pointers.
I don't have any pictures but the drain pipe is in the front garden of my friends mothers house.
paintman said:
This relates to drains and pipes which also service the property but this drain pipe des not in any way service the property.Thank you all for your input, I have just got off the phone to the council and they have agreed to look into the drain to see who would be responsible, they did mention that this is an old pipe he believes the whole pipe runs straight down the road apart from when it goes into a u shape bend and comes on to the private land.
Hopefully things should be sorted.
Hopefully things should be sorted.
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