Road flooding may also affect private property if the water flows off the highway either indirectly or directly. Copyright © 2008-2011 UK Environmental Law Association. Surface water drainage occurs when rainwater falls on a property and drains away. 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. Power of majority of frontagers to require adoption where advance payment made.
To reduce the occurrence of drainage problems, most state agencies and developers will work together to build-up infrastructure, create environmental buffer zones and limit imperious areas (roads, parking lots, rooftops, etc.). Contacting us does not create an attorney-client relationship. With these charges there are ways to review how yours are being calculated and to make sure the recorded area of your property is right. About us If you have problems with a surface water drainage rebate application, and you are unable to resolve them with your company, you should contact theConsumer Council for Water. You will pay for surface water drainage in your bill in one of three ways: If you can prove that the surface rainwater from your property does not drain into the public sewer, you may be entitled to an exemption from future surface water charges.
It’s the same for highways drainage. You should apply to your company providing evidence that none of your surface water enters the public sewer. North Carolina courts view The Common Enemy Rule and The Anti-Common Enemy Rule as too rigid, and look to the totality of circumstances in assessing liabilities and damages which the Reasonable Use Rule provides. You are advised to seek legal advice on your specific circumstances.
But things don’t stop there. You’ll pay for surface water drainage in your bill in one of four ways: If your wholesaler is United Utilities or Severn Trent Water you pay based on the site area of you property so your fee is proportionate to the size of your business premises. You may have to seek professional advice before you put some of these measures into practice. You do not need to use a third party to apply for a rebate, you can apply directly to your company. And there’s other measures you can take to cut down costs, such as rainwater harvesting, all of which we’ll look at in a future post. The Environment Agency website offers guidance on simple measures you can take to protect your home. This site and its information is not legal advice, nor is it intended to be. North Carolina is among the states which have adopted the more flexible third alternative - The Reasonable Use Rule - in dealing with surface water drainage. Regulated companies This is based on the theory that if your premises weren’t there the rainwater would soak away into the ground. Surface water drainage occurs when rainwater from your property drains into the sewer. If failure to maintain these defences leads to flooding, you could face a claim in negligence or nuisance. Homeowners must identify an insurance company that will be willing to insure the property. *Source: UK Department for Business, Energy and Industrial Strategy; Met Office In this section you can find information for and about the water companies we regulate. The companies collect around £1 billion each year to cover the costs of this service. 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. It's the only way we will do business. But you are not allowed to artificially channel water a way that will cause damage your neighbour’s land. The maintenance of water and sewer lines beneath municipal roads, on the other hand, is considered a proprietary function. Surface Water is rain water that falls directly on to your property and then flows away directly through the public drainage system. Please consult an attorney for advice about your individual situation. Urgent repairs to private streets. Attorney Responsible for content: H. Terry Hutchens |, Securing Property Pre-Foreclosure in North Carolina, CFPB Raises the Stakes in First Party Debt Collection, Real Property Ownership: Your Interest Matters, Securing Emails in Real Estate Transactions is Imperative, The “Civil Law Rule,” or Anti-Common Enemy Rule; and. 2.2.3 The highway drainage system will not, except in exceptional circumstances, receive positive connections from adjacent drainage systems (railway drainage systems, public surface water sewers, private drainage systems and land drainage). Other … 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. Feel free to get in touch by electronic mail, letters or phone calls. And you’d certainly have a point, but current water legislation dictates this and there’s no plans for change there. Contact Us and Schedule a Consultation. Section 28 & Section 25 . Avoid causing any obstruction, pollution or diversion of the river or watercourse that would affect the rights of others; Maintain the bed and banks of the river or other watercourse, by clearing waste (natural or otherwise), even in cases where you did not generate the waste in question; Protect property from seepages that may occur from natural or man-made banks. What is the process for switching to Water Plus? Cumming, GA 30041. 331 (1984). • Inadequate drainage in the area due to the lie of the land • Water running from private land onto the road (such as rainwater run-off) • Overloaded drainage systems during severe storm events. If no surface water from your property enters a public sewer then you may qualify for a reduction in your sewerage charge (‘surface water drainage rebate’). Surface Water is rain water that falls directly on to your property and then flows away directly through the public drainage system. However, legislation prevents this. Joshua : The position is different depending upon whether the drain is a surface water sewer or a highway drain. The penalty is three months imprisonment or a fine of up to £30,000.
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