Land and Drainage Responsibilities and Prevention of Flooding

The Council’s Responsibility

The Council holds a budget  to meet its own responsibilities. It has no money available to carry out land drainage works on privately owned land.

The Council can, under the Land Drainage Act  1991 serve notice and carry out works if ditches have become blocked resulting in a flood risk or health hazard. The costs involved in carrying out these works are then passed onto the landowners

The Council will provide filled sandbags to residential properties and a limited number to commercial properties free of charge where flooding is occurring or is likely to occur.  Filled sandbags will be delivered and under extreme conditions when resources are stretched residents can also pick up empty bags from stockpiles.  If there is no foreseeable threat of flooding and sand bags are required they will be directed to a local builders merchant.

Defending your property from flooding

Sand bags are useful in emergencies but do not provide a waterproof seal and should be used to divert flows of water away from entrances etc. If sand bags are not available bin liners or carrier bags filled with garden soil can be equally as effective. If you live in an area that is susceptible to flooding a more suitable method of defending your property from flood water would be e.g. to fit plywood weather boards over openings in your property sealed with mastic as this would provide a far superior method of defence. Further details on methods for preparing for a flood can be obtained from the Environment Agency. Additional useful information can be found on the Hampshire County Council web site

Flooding

If you live by a river or large water course which is susceptible to flood the Environment Agency is able to issue several hours warning using their automatic flood warning system if you are registered to receive it, and by Radio and TV messages. You can call their Floodline on 0845 988 1188 to find out the latest information on river and coastal flooding.

Land Drainage

The landowner is responsible for the maintenance of the watercourse itself and the flow within it. The majority of rivers, streams and ditches are the responsibility of the 'riparian' landowners who own land on either bank. If your property boundary is a ditch, river or stream you should be maintaining it regularly. This will have the benefit of reducing the risk of flooding from the watercourse at times of wet weather - both for you and your neighbours

Certain watercourses are designated as main rivers and in these instances the Environment Agency have an additional responsibility to maintain water flow, carry out Defence works and to control building near watercourses.

Recently enmained critical ordinary watercourses which had their status changed to main river on the 1st April 2006

These watercourses now lie under the jurisdiction of the Environment Agency. The Council in partnership with New Forest District Council and Test Valley District Council have contracted to undertake initial maintenance on their behalf. This contract is to run for two years from the initial enmainment. The work will involve an annual clearance and weekly or even biweekly clearance of problem grills. Major works will also be undertaken to improve the existing system in order to reduce the chance of flooding.

Riparian Ownership

In the case of all  ditches, streams and rivers it is the landowners each side of the watercourse ("riparian owners"), who technically own to the centre line . This may not be explicitly shown on the property deeds. In the case of ditches adjacent to the highway, the ownership of the ditch may lie with the adjacent owner as the Highway Authority does not  usually own land but  rather maintains it for highway purposes.

Even if the Title Deeds for Owner A’s property show the boundary to be the fence, he has

 riparian rights and responsibilities to the centre of the watercourse.

As a riparian owner you may have certain rights and responsibilities in relation to the watercourses flowing through or adjacent to your property. These riparian rights are based on common law and have been defined as result of legal cases over many years. These rights are not absolute and you must in any event  obtain consent for any works from the Environment Agency and/or the Council depending on the watercourses classification

Your Responsibilities

You are responsible for keeping the bed and banks clear from any matter that could cause an obstruction either on your land, or by being washed away by high flow to obstruct at a structure downstream. Watercourses and their banks should not be used for the disposal of any form of garden or other waste.

You must not cause any obstructions to the free passage of fish

You have the responsibility for maintaining the bed and banks of the watercourse (including trees and shrubs growing on the banks) and for clearing any debris, natural or otherwise, including litter and animal carcasses, even if it did not originate from your land. Advice on the removal of animal carcasses can be obtained from the Council’s Environmental Health Department

You have the responsibility to pass on flow without obstruction, pollution or diversion affecting the rights of others

You have the responsibility to accept flood flows through your land, even if caused by inadequate capacity downstream, as there is no common law duty to improve a watercourse

Before starting any work including culverting on or adjacent to (within 8m in the case of a main river)  a watercourse, you must submit the plans of any work to the Environment Agency and the Council to determine whether you require a land drainage consent and/or planning permission. Environmental issues, including flood risk, wildlife conservation, fisheries, reshaping of the river and landscape, must all be considered.

Eastleigh Borough Council Civic Offices, Leigh Road, Eastleigh

• tel 023 80688235
• fax:023 80688336

email: engineers@eastleigh.gov.uk