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.
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.
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.
elanfan said:
Wasn't there some change in the law not too long ago that made the water authorities responsible for most drainage even on domestic properties. Seem to recall a circular being sent out to the house about it. Get googling.
This?: http://www.ccwater.org.uk/waterissues/currentkeywa...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.The Highways Agency are only responsible for trunk roads and motorways, so it's unlikely to be them.
Severn Trent have some surface water sewers, but for it to be one of those it would have to be taking roof water too, a surface water sewer cannot only take road water.
The local highway authority, normally the county council unless in a unitary authority area or London borough, may be responsible for highway drains, but if said pipe was historically a ditch that has been piped and filled in it probably is the responsibility of the landowner to maintain it. Look up riparian rights and duties.
Severn Trent have some surface water sewers, but for it to be one of those it would have to be taking roof water too, a surface water sewer cannot only take road water.
The local highway authority, normally the county council unless in a unitary authority area or London borough, may be responsible for highway drains, but if said pipe was historically a ditch that has been piped and filled in it probably is the responsibility of the landowner to maintain it. Look up riparian rights and duties.
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.
The Highways Agency will only take responsibility for those drains serving their network, major A roads and Motorways etc. For all the 'normal' adopted highways, it would be the local council's own Highways Department who would attend to the drain. This is unless it's picking up surface water off the houses as well, in which case it will be the home owners responsibility to repair the drain on their land unless it's specifically excluded in their deeds.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.
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.
Crispynotes said:
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.
If that fails, call her local councillor. That's partly what they are there to help with - when departments get slopey shouldered...Hopefully things should be sorted.
Crispynotes said:
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.
If that fails fill the thing with concrete and then see if they come to sort it...Hopefully things should be sorted.
That line manager you spoke with sounds like a right tosser
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