Land drainage responsibility
We have no responsibilities for land drainage, except when we are the land owner.
We, along with other public bodies, only have permissive powers to act in certain circumstances, to mitigate the effects of flooding. We do not own any land drainage ditches, unless they are adjacent or abut council land.
If you own land located immediately adjacent to or abutting a drainage ditch, river or any other inland body of water then in legal terms you are a Riparian Owner and have certain common law rights and responsibilities.
If you have surface water flowing onto your land you are responsible for installing suitable drainage to accommodate this flow of water. Therefore, if an adjacent property installs land drains or hard surfaces their land, resulting in more water flowing onto your land, you cannot take action against that person, and must carry out your own works as required, even if that pushes the problem onto your neighbour. This is because no one owns the water, which will always find its own path.
Even if the Title Deeds for your property show the boundary to stop at your fence, you still have riparian rights and responsibilities to the centre of the watercourse if the ditch is located between 2 properties. However, if the ditch joins a highway then you are responsible for maintaining the whole ditch.
View more information on owning a watercourse on the GOV.UK website.