In addition, if this results in pollution of a watercourse or river, the Environment Agency may also prosecute. Under the Public Health Act, it is an offence to allow a cesspool or septic tank to leak or overflow. If You Have a Real Estate or Business Law Issue You Need Help With, Don’t Wait. It's the only way we will do business. Surface water drainage occurs when rainwater falls on a property and drains away. Factors to be considered in a case for surface water drainage damages in North Carolina include the following: the intentional, unreasonable, negligent or reckless actions of the a landowner; the value of the actions of the a landowner; the whether the actions of the a landowner are typical or suitable for the locality; and the burden on a landowner to minimize the damage caused by the drainage. Disclaimer: Information included in this site is general information only and does not constitute legal advice. If rainwater does not drain from your property into a public sewer, because you have a soakaway or similar, you may be entitled to a surface water drainage rebate. Copyright © 2008-2011 UK Environmental Law Association. Land Drainage Act 1991 . You should apply to your company providing evidence that none of your surface water enters the public sewer. Utility easements are maintained by utility companies for the benefit of other properties and restrict the owner’s use of the land in several ways, such as preventing the creation of permanent structures. You may have to seek professional advice before you put some of these measures into practice. You are entitled to put up good flood defences such as walls and embankments to safeguard your property, provided that you do not cause harm to other people’s properties or land. *For more information on the criteria for inclusion, please click on the logo to be taken to the methodology page of these organizations. First, insurance companies may be hesitant to insure a property that contains a drainage easement or may be more susceptible to drainage issues. They will check whether you qualify and if you do: Sometimes your company does know, or might reasonably be expected to have known, that your property was not connected to its sewerage system for surface water drainage. Landowners should take care before acting rashly and unilaterally to address drainage issues. surface water sewers, private drainage systems and land drainage). Your Rights and Duties (England & Wales only), Top Legal Questions (England & Wales only), Keep your drains clear in your property and to ensure that you do not drain water into your neighbour’s property or foul drain. H‰\”Í�›0…÷?¾¾$)“t¤,ú£¦} NŠÔDÈ"o_ŸhF*ğğõç#›|³ÛîÆa1ù�ùÒíÃb�ÃØÏáz¹Í]0‡pƬ¬L?tË£•®İ¹�². The law (common law) allows property owners to take reasonable measures to protect their land and property from flooding, provided that these measures do not cause harm to others. Practicing law with integrity. Here we help you navigate through the many possible pitfalls of private road ownership, including road construction, private road maintenance agreements, landowner costs, private road laws, and accessibility. Do we have too much or not enough. Because of this it’s perhaps fair to question why businesses (and domestic water users) have to pay for it to be taken away through their surface water and highways drainage charges.

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