The following Environment practice note produced in partnership with Simon Tilling and Michael Barlow of Burges Salmon provides comprehensive and up to date legal information covering:
The law relating to flood management and drainage dates back to the nineteenth century and developed within the ambit of land law. At that time, flood management and drainage were treated as a private law matter to be managed between neighbouring landowners. Gradually, public policy has changed to recognise flooding as a problem faced by society as a whole, with public authorities now taking key roles in preventing and managing flooding on behalf of communities. Nevertheless, many of the key rights and responsibilities relating to flooding and drainage today still attach to, and run with, ownership of land.
It is important that landowners understand their rights and responsibilities in relation to flooding and drainage. Landowner rights and responsibilities are often the first area that will need to be considered where a flooding dispute arises.
This Practice Note explains the main sources of landowner rights and responsibilities for flood management and drainage and the key points for landowners to be aware of.
When considering the rights and responsibilities of landowners for flood management and drainage, the starting point is the title register or other title documents relating to land charges:
the conveyance for a property may include specific covenants to require a landowner to maintain watercourses or flood defences
restrictive covenants phrased
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