Stream at end of parents garden - now used by council for street rainwater question

Ba$tard

Hi all,

I need an opinion please...

My parents are getting old and I am trying to minimise the maintenance of the garden etc for them. At the end of their garden is a stream. This is an old stream which pre-existed prior to them buying the land/site they are on.
The stream continues past the site, into a large sink hole tank since they built a housing estate below the site, about 12 years ago.

This stream over the years was made up of water from a spring up the hill, on a road, which there was a hand water-pump. This pump stopped being used many many years ago and the stream continued to service the spring and some rainwater from a road gutter.
The stream dried up during the summer and had a small flow in the winter.

My dad, must say crudely, (to no fault of his own, he isnt a pipe layer! )covered in the stream with 9 inch pipes and some gaps to allow access to the pipe incase of blockage. It very rarely blocked up.

About 7 years ago, the council built a housing estate above that spring/well and they ran the rainwater from the roads and rood gutters of the housing estate into the stream, at the well above us.

Nowadays, the stream could clog a few times during the winter with rubbish, etc and my father has to dig up an area he uses like a lock gate and fish out the debris to release the backlog(flooding).


My father does not think that the stream is not the councils responsiblity at all, but I think surely they should
1) fit a debris filter at the area upstream where the housing estate adjoins
2) pipe and fill in the stream on my fathers land properly so my father does not have to worry about it any more.


What are people's opinions?


Many thanks
James.

Victor

Drainage is a responsibility of the council that is part shared with land owners and the Office of Public Works (more interested in flooding as such).

There may be an issue with your father putting in such a small pipe. However, it was a long time ago, before the other development, the pipe was fine at the time and the council should really have checked. Potentially the council just puts a more suitable pipe. I don't think its unreasonable to ask to council to mitigate things. Costs may be an issue.

Who owns the land on the far side of the pipe? Does your father have proper ownership of the stream / pipe?

I'd have a word with a solicitor (the one he bought the house with?) if you feel any of this could go wrong.

Ba$tard

Thanks Victor

Who owns the land on the far side of the pipe? Does your father have proper ownership of the stream / pipe?

The stream runs over my fathers land, as opposed to the boundary of the land. The land on both sides of the site are privately owned. Left side is a private estate, where the sink hole tank is and right side is another back garden. The people on the right actually piped it themselves with 9 inch pipe a few years ago, but that guy is into earth moving etc so it was easy enough for him.

Will do thanks for the advice.

James.