Land drainage and discharge consents

We have received a lot of enquiries recently about developments that rely on drainage ditches crossing third party land. Here is a typical scenario:

Site 1 is to be developed and needs a drainage system to disperse surface water. A pre-existing man made drainage ditch extends across the site and over the boundary to cross adjoining land, site 2. From site 2, the drainage ditch runs into a river.

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The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.