Riparian Rights

[Scarletta]

Basic situation : a local farmer leases his land from the council, and a small area got flooded. He claimed the council should clear out a ditch to help drain water away. In short - several council bodies, the EA the local drainage board are all denying responsibility and going back to an 1813 Law which made the ditch an Award ditch, placing the onus of clearance on the riparian landowners. I understood "Riparian Law" to be applicable to natural waterways only. The award was granted before the motorised age and the development of raods, and changed the drainage requirements. The Agricultural Land Tribunal are currently holding an enquiry, involving us all. So :

1) How can I find out if there is any precedent for a landowner being legally forced to pay -twice annually - for ditch clearance alongside a very busy A road?

2) Since no mention of the responsibility 'awarded' is mentioned in the deeds of the house (1870) - is it still a valid legal defence from the council?

3) Is it reeasonable to compare this antiquated law to the one which demands that Hackney carriages carry a bale of hay for the horse?

[Hgrove]

(a) Legal precedent: a lawyer or law lecturer or student would have access to the Halsburys or Current Law (on paper or electronic) or other electronic database. For the layperson unfortunately it must be near impossible to access these resources.

(b) It would take a judge to decide this question but the general rule is that Parliament is supreme so a Statute would "trump" judge-made law or the deeds.

(c) No idea... again, unless there is precedent, which I don't know, it woud take a judge to decide on this question.

[stanleyman]

Riparian rights as such are for the benefit of the landowner/leaseholder over a waterway and as far as I'm aware, carry no obligations. However, this situation has nothing to do with rights and the owner is simply being refered to as the riparian owner, e.g. someone who has land abutting a waterway, in this case with a claimed obligation to clear the ditch.

It isn't clear if it is the farmer who has the flooding problem, if so then it is up to him to keep it clear for his own benefit but if the road floods then I've seen the Highways clearing ditches. I don't think the council or EA are obligated to clear it but neither can they make him do it, if they are, then why? You mentioned a council defence so is the claim against the council?

I'm afraid old laws are just as valid today and the references to Hackney Carriages won't help his case.

[Scarletta]

Thank you for the replies - I was expecting similar but hoping for something more favourable.

I have more to consider though. Thanks.