Ditches – A Quick Guide To Responsibilities
The Parish Council has noted there to be quite a lot of interest in Ditches and responsibilities on Social Media. It is hoped that you will find the following of use in understanding this topic.
| Q. | What is a ditch? |
| A. | A ditch is defined as a man-made feature which has been created in order to drain an area of land. Historically these were normally dug by a landowner at the edge of their field and the spoil deposited on their land, on which hedges grew over time |
| Q. | What are watercourses? |
| A. | Watercourses are natural features which drain the surrounding catchment and normally have some water flowing in it, typically rivers, streams etc. |
| Q. | Who is responsible for the maintenance of watercourses and ditches? |
| A. | It is generally the responsibility of the owners of the land on either bank. This means that they have both rights and responsibilities associated with the ditches, or other watercourses, flowing through or adjacent to their property. |
| Q. | What does “maintenance” mean for the landowner? |
| A. | As a general rule, a landowner is required to reduce the risk of flooding to neighbouring properties and land. The law requires that they maintain their ditches and drains to prevent flooding. Failure to do so may result in a legal liability for the damage that any resultant flooding may cause. |
| Q. | What are the rules around ‘Highway Ditches’? |
| A. | The common law principle in relation to ditches running alongside highways is that they are normally the responsibility of the adjacent landowner. The principle in law is that where there is a ditch the highway boundary is the roadside edge of the ditch, this applies if the ditch has been piped or infilled (by natural erosion or otherwise). |
| Q. | Are these rules true in all cases? |
| A. | No, there are some limited exceptions where a ditch may fall within the public highway remit: 1. The ditch was excavated by the Highway Authority for highway drainage purposes 2. If the ditch has been piped by the Highway Authority and compensation was paid to the adjacent landowner |
| Q. | What is Essex County Council Responsible for? |
| A. | Essex County Council is responsible for regular maintenance and cleansing of gullies and grids on the highway. N.b. Highway surface water draining into a ditch, does not determine the ditch is a highway-maintained ditch. |
We hope this document is useful, however, it is not intended to be a definitive statement of the law on all instances and you should seek your own legal advice if you are affected by flood waters.